BASIC STATE GRANTS.

SEC. 201. BASIC STATE GRANTS. Title II of the Act is amended to read as follows: “TITLE II— BASIC STATE GRANTS FOR VOCATIONAL EDUCATION “PART A— STATE PROGRAMS “SEC. 201. STATE PROGRAMS AND STATE LEADERSHIP. “(a) General Authority.— From amounts reserved under section 102(a)(3), each State shall conduct State programs and State leader-ship activities. “(b) Required Uses of Funds.— The programs and activities described in subsection (a) shall include— “(1) professional development activities for vocational teachers and academic teachers working with vocational education students, including corrections educators and counselors, and educators and counselors in community-based organizations, including in-service and preservice training of teachers in state-of-the-art programs and techniques, including integration of vocational and academic curricula, with particular emphasis on in-service and preservice training of minority teachers; “(2) development, dissemination, and field testing of curricula, especially— “(A) curricula that integrate vocational and academic methodologies; and “(B) curricula that provide a coherent sequence of courses through which academic and occupational skills may be measured; and “(3) assessment of programs conducted with assistance under this Act, including the development of— “(A) performance standards and measures for such programs; and “(B) program improvement and accountability with respect to such programs. “(c) Authorized Activities.— The programs and activities described in subsection (a) may include— “(1) the promotion of partnerships among business, education (including educational agencies), industry, labor, community--based organizations, or governmental agencies; “(2) the support for tech-prep education as described in section 344; 104 STAT. 777 “(3) the support of vocational student organizations, especially with respect to efforts to increase minority participation in such organizations; “(4) leadership and instructional programs in technology education; and “(5) data collection. “PART B— OTHER STATE-ADMINISTERED PROGRAMS “Subpart 1— Programs to Provide Single Parents, Displaced Homemakers, and Single Pregnant Women With Marketable Skills and to Promote the Elimination of Sex Bias “SEC. 221. PROGRAMS FOR SINGLE PARENTS. DISPLACED HOMEMAKERS. AND SINGLE PREGNANT WOMEN. “(a) General Authority.— Each State shall use the amount re-served under section 102(a)(2)(A) only to— “(1) provide, subsidize, reimburse, or pay for preparatory services, including instruction in basic academic and occupational skills, necessary educational materials, and career guidance and counseling services, in preparation for vocational education and training that will furnish single parents, dis-placed homemakers, and single pregnant women with marketable skills; “(2) make grants to eligible recipients for expanding preparatory services and vocational education services when the expansion directly increases the eligible recipients’ capacity for providing single parents, displaced homemakers, and single pregnant women with marketable skills; “(3) make grants to community-based organizations for the provision of preparatory and vocational education services to single parents, displaced homemakers, and single pregnant women if the State determines that the community-based organization has demonstrated effectiveness in providing com-parable or related services to single parents, displaced home-makers, and single pregnant women, taking into account the demonstrated performance of such an organization in terms of cost, the quality of training, and the characteristics of the participants; “(4) make preparatory services and vocational education and training more accessible to single parents, displaced home-makers, and single pregnant women by assisting such individuals with dependent care, transportation services, or special services and supplies, books, and materials, or by organizing and scheduling the programs so that such programs are more accessible; or “(5) provide information to single parents, displaced home-makers, and single pregnant women to inform such individuals of vocational education programs, related support services, and career counseling. “(b) Settings.— The programs and services described in subsection (a) may be provided in postsecondary or secondary school settings, 104 STAT. 778including area vocational education schools, that serve single parents, displaced homemakers, and single pregnant women. “SEC. 222. SEX EQUITY PROGRAMS. “(a) General Authority.— Except as provided in subsection (b), each State shall use the amount reserved under section 102(a)(2)(B) only for— “(1) programs, services, comprehensive career guidance and counseling, and activities to eliminate sex bias and stereotyping in secondary and postsecondary vocational education; “(2) preparatory services and vocational education programs, services, and activities for girls and women, aged 14 through 25, designed to enable the participants to support themselves and their families; and “(3) support services for individuals participating in vocational education programs, services, and activities described in paragraphs (1) and (2), including dependent-care services and transportation. “(b) Waiver of Age Limit.— The administrator appointed under section 111(b)(1) may waive the requirement with respect to age limitations contained in subsection (a)(2) whenever the administrator determines that the waiver is essential to meet the objectives of this section. “SEC. 223. COMPETITIVE AWARD OF AMOUNTS; EVALUATION OF PROGRAMS. “The administrator appointed under section 111(b)(1)— “(1) shall, on a competitive basis, allocate and distribute to eligible recipients or community-based organizations the amounts reserved under section 102(a)(2) for carrying out this subpart, ensuring that each grant made under this subpart is for a program that is of sufficient size, scope, and quality to be effective; and “(2) shall develop procedures for the collection from eligible recipients, including community-based organizations, that receive funds under this subpart of data appropriate to the individuals served in order to permit evaluation of the effectiveness of such programs as required by section 111(b)(1)(L). “Subpart 2— Corrections Education “SEC. 225. PROGRAMS FOR CRIMINAL OFFENDERS. “(a) Designation of State Corrections Educational Agency.— (1) Each State board shall designate 1 or more State corrections agencies as State corrections educational agencies to administer vocational education programs assisted under this Act for juvenile and adult criminal offenders in correctional institutions in the State, including correctional institutions operated by local authorities. “(2) Any corrections agency that desires to be designated under paragraph (1) shall submit to the State board a plan for the use of funds provided to such corrections agency from the amounts re-served by the State under section 102(a)(5). “(b) Duties of State Corrections Educational Agency.— In administering programs receiving funds under this section, each State corrections educational agency designated under subsection (a) 104 STAT. 779shall, in carrying out a vocational education program for criminal offenders— “(1) give special consideration to— “(A) providing services to offenders who are completing their sentences and preparing for release; and “(B) providing grants for the establishment of vocational education programs in correctional institutions that do not have such programs; “(2) provide vocational education programs for women who are incarcerated; “(3) improve equipment; and “(4) in cooperation with eligible recipients, administer and coordinate vocational education services to offenders before and after their release. “PART C— SECONDARY, POSTSECONDARY, AND ADULT VOCATIONAL EDUCATION PROGRAMS “Subpart 1— Within-State Allocation “SEC. 231. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL PROGRAMS. “(a) General Rule.— Except as otherwise provided in this section and section 233, each State shall distribute funds available in any fiscal year for secondary school vocational education programs to local educational agencies within the State as follows: “(1) From 70 percent of such funds, each local educational agency shall be allocated an amount that bears the same relationship to such 70 percent as the amount such local educational agency was allocated under section 1005 of the Elementary and Secondary Education Act of 1965 in the preceding fiscal year bears to the total amount received under such section by local educational agencies in the State in such year. “(2) From 20 percent of such funds, each local educational agency shall be allocated an amount that bears the same relationship to such 20 percent as the number of students with handicaps who have individualized education programs under section 614(a)(5) of the Education of the Handicapped Act served by such local educational agency in the preceding fiscal year bears to the total number of such students served by local educational agencies in the State in such year. “(3) From 10 percent of such funds, each local educational agency shall be allocated an amount that bears the same relationship to such 10 percent as the number of students enrolled in schools and adults enrolled in training programs under the jurisdiction of such local educational agency in the preceding fiscal year bears to the number of students enrolled in schools and adults enrolled in training programs under the jurisdiction of all local educational agencies in the State in such year. “(b) Minimum Grant Amount.— (1) Except as provided in paragraph (2), no local educational agency shall be eligible for a grant under this part unless the amount allocated to such agency under subsection (a) is not less than $15,000. A local educational agency may enter into a consortium with other local educational agencies for purposes of meeting the minimum grant requirement of this paragraph. 104 STAT. 780 “(2) The State may waive the application of paragraph (1) in any case in which the local educational agency— “(A) is located in a rural, sparsely-populated area; and “(B) demonstrates that the agency is unable to enter into a consortium for purposes of providing services under this part. “(3) Any amounts which are not allocated by reason of paragraph (1) or paragraph (2) shall be redistributed to local educational agencies that meet the requirements of paragraph (1) or paragraph (2) in accordance with the provisions of this section. “(c) Limited Jurisdiction Agencies.— (1) In applying the provisions of subsection (a), no State board receiving assistance under this Act shall allocate funds to a local educational agency that serves only elementary schools, but shall distribute such funds to the local or regional educational agency which provides secondary school services to secondary school students in the same attendance area. “(2) The amount to be allocated under paragraph (1) to a local educational agency that has jurisdiction only over secondary schools shall be determined based on the number of students that entered such secondary schools in the previous year from the elementary schools involved. “(d) Allocations to Area Vocational Education Schools and Intermediate Educational Agencies.— (1) The State shall distribute funds available for secondary school vocational education programs to the appropriate area vocational education school or intermediate educational agency in any case in which— “(A) the area vocational education school or intermediate educational agency and the local educational agency concerned— “(i) have formed or will form a consortium for the purpose of receiving funds under this section; or “(ii) have entered into or will enter into a cooperative arrangement for such purpose; and “(B) (i) the area vocational education school or intermediate educational agency serves an approximately equal or greater proportion of students with handicaps and students who are economically disadvantaged than the proportion of such students attending the secondary schools under the jurisdiction of all of the local educational agencies sending students to the area vocational education school or the intermediate educational agency; or “(ii) the area vocational education school, intermediate educational agency, or local educational agency demonstrates that it is unable to meet the criterion described in clause (i) due to the lack of interest by students described in clause (i) in attending vocational education programs in that area school or intermediate educational agency. “(2) If an area vocational education school or intermediate educational agency meets the requirements of paragraph (1), then— “(A) the amount that would otherwise be distributed to the local educational agency shall be allocated to the area vocational education school, the intermediate educational agency, and the local educational agency based on each school’s or entity’s relative share of students described in paragraph (1)(B)(i) who are attending vocational education programs that meet the requirements of section 235 (based, if practicable, on the average enrollment for the prior 3 years); or 104 STAT. 781 “(B) such amount may be allocated on the basis of an agreement between the local educational agency and the area vocational education school or intermediate educational agency. “(3) (A) For the purposes of this subsection, the State may deter-mine the number of economically disadvantaged students attending vocational education programs on the basis of eligibility for any of the following: “(i) Free or reduced-price meals under the National School Lunch Act. “(ii) The program for aid to dependent children under part A of title IV of the Social Security Act. “(iii) Benefits under the Food Stamp Act of 1977. “(iv) Services under chapter 1 of title I of the Elementary and Secondary Education Act of 1965. “(v) Other indices of economic status including estimates of such indices, if the State demonstrates to the satisfaction of the Secretary that such indices are more representative of such number. “(B) If a State elects to use more than 1 factor described in subparagraph (A) for purposes of making the determination described in such subparagraph, the State shall ensure that the data used is not duplicative. “(4) The State board shall establish an appeals procedure for resolution of any dispute arising between a local educational agency and an area vocational education school or an intermediate educational agency with respect to the allocation procedures described in this section, including the decision of a local educational agency to leave a consortium. “(5) Notwithstanding the provisions of paragraphs (1), (2), (3), and (4) any local educational agency receiving an allocation which is not sufficient to conduct a program which meets the requirements of section 235(c) is encouraged to— “(A) form a consortium or enter into a cooperative agreement with an area vocational education school or intermediate educational agency offering programs that meet the requirements of section 235(c) and that are accessible to economically disadvantaged students and students with handicaps served by such local educational agency; and “(B) transfer such allocation to the area vocational education school or intermediate educational agency. “SEC. 232. DISTRIBUTION OF FUNDS TO POSTSECONDARY AND ADULT PROGRAMS. “(a) General Rule.— Except as provided in subsection (b) and section 233, each State shall distribute funds available in any fiscal year for postsecondary and adult vocational education programs to eligible institutions within the State. Each such eligible institution shall receive an amount that bears the same relationship to the amount of funds available under such section as the number of Pell Grant recipients and recipients of assistance from the Bureau of Indian Affairs enrolled in programs meeting the requirements of section 235 offered by such institution in the preceding fiscal year bears to the number of such recipients enrolled in such programs within the State in such year. “(b) Waiver for More Equitable Distribution.— The Secretary may waive the application of subsection (a) in the case of any State 104 STAT. 782that submits to the Secretary an application for such a waiver that— “(1) demonstrates that the formula described in subsection (a) does not result in a distribution of funds to the institutions within the State that have the highest numbers of economically disadvantaged individuals and that an alternative formula would result in such a distribution; and “(2) includes a proposal for an alternative formula that may include criteria relating to the number of individuals attending institutions within the State who— “(A) receive need-based postsecondary financial aid provided from public funds; “(B) are members of families participating in the program for aid to families with dependent children under part A of title IV of the Social Security Act; “(C) are enrolled in postsecondary educational institutions that— “(i) are funded by the State; “(ii) do not charge tuition; and “(iii) serve only economically disadvantaged students; “(D) are enrolled in programs serving economically dis-advantaged adults; “(E) are participants in programs assisted under the Job Training Partnership Act; or “(F) are recipients of Pell Grants. “(c) Minimum Grant Amount.— (1) No grant provided to any institution under this section shall be for an amount that is less than $50,000. “(2) Any amounts which are not allocated by reason of paragraph (1) shall be redistributed to eligible institutions in accordance with the provisions of this section. “(d) Definition.— For the purposes of this section— “(1) the term ‘eligible institution’ means an institution of higher education, a local educational agency serving adults, or an area vocational education school serving adults that offers or will offer a program that meets the requirements of section 235 and seeks to receive assistance under this part; “(2) the term ‘institution of higher education’ has the meaning given that term in section 435(b) of the Higher Education Act of 1965; and “(3) the term ‘Pell Grant recipient’ means a recipient of financial aid under subpart 1 of part A of title IV of the Higher Education Act of 1965. “SEC. 233. SPECIAL RULE FOR MINIMAL ALLOCATION. “(a) General Authority.— In any fiscal year in which a minimal amount is made available by a State for distribution under section 231 or section 232 such State may, notwithstanding the provisions of section 231 or section 232, as appropriate, in order to result in a more equitable distribution of funds for programs serving the high-est numbers of economically disadvantaged individuals, distribute such minimal amount— “(1) on a competitive basis; or “(2) through any alternative method determined by the State. “(b) Minimal Amount.— For purposes of this section, the term ‘minimal amount’ means not more than 15 percent of the total amount made available for distribution under this part. 104 STAT. 783 “SEC. 234. REALLOCATION. “(a) In General.— In any academic year that a local educational agency or eligible institution does not expend all of the amounts it is allocated for such year under section 231 or section 232, such local educational agency or eligible institution shall return any unexpended amounts to the State to be reallocated under section 231 or section 232, as appropriate. “(b) Reallocation of Amounts Returned Late in an Academic Year.—In any academic year in which amounts are returned to the State under sections 231 or 232 and the State is unable to reallocate such amounts according to such sections in time for such amounts to be expended in such academic year, the State shall retain such amounts to be distributed in combination with amounts provided under this title for the following academic year. “Subpart 2— Uses of Funds “Sec. 235. USES OF FUNDS. “(a) General Authority.— Each eligible recipient that receives a grant under this part shall use funds provided under such grant to improve vocational education programs, with the full participation of individuals who are members of special populations, at a limited number of sites or with respect to a limited number of program areas. “(b) Priority.— Each eligible recipient that receives a grant under this part shall give priority for assistance under this part to sites or programs that serve the highest concentrations of individuals who are members of special populations. “(c) Requirements for Uses of Funds.— (1) Funds made available under a grant under this part shall be used to provide vocational education in programs that— “(A) are of such size, scope, and quality as to be effective; “(B) integrate academic and vocational education in such programs through coherent sequences of courses so that students achieve both academic and occupational competencies; and “(C) provide equitable participation in such programs for the special populations consistent with the assurances and requirements in section 118. “(2) In carrying out the provisions of paragraph (1), grant funds may be used for activities such as— “(A) upgrading of curriculum; “(B) purchase of equipment, including instructional aids; “(C) in-service training of both vocational instructors and academic instructors working with vocational education students for integrating academic and vocational education; “(D) guidance and counseling; “(E) remedial courses; “(F) adaptation of equipment; “(G) tech-prep education programs; “(H) supplementary services designed to meet the needs of special populations; “(I) a special populations coordinator paid in whole or in part from such funds who shall be a qualified counselor or teacher to ensure that individuals who are members of special populations are receiving adequate services and job skill training; 104 STAT. 784 “(J) apprenticeship programs; “(K) programs that are strongly tied to economic development efforts in the State; “(L) programs which train adults and students for all aspects of the occupation, in which job openings are projected or available; “(M) comprehensive mentor programs in institutions of higher education offering comprehensive programs in teacher preparation, which seek to fully use the skills and work experience of individuals currently or formerly employed in business and industry who are interested in becoming classroom instructors and to meet the need of vocational educators who wish to upgrade their teaching competencies; “(N) provision of education and training through arrangements with private vocational training institutions, private postsecondary educational institutions, employers, labor organizations, and joint labor-management apprenticeship programs whenever such institutions, employers, labor organizations, or programs can make a significant contribution to obtaining the objectives of the State plan and can provide substantially equivalent training at a lesser cost, or can provide equipment or services not available in public institutions. “(3) Equipment purchases pursuant to sections 231 and 232, when not being used to carry out the provisions of this Act, may be used for other instructional purposes if— “(A) the acquisition of the equipment was reasonable and necessary for the purpose of conducting a properly designed project or activity under this title; “(B) is used after regular school hours or on weekends; and “(C) such other use is— “(i) incidental to the use of that equipment under this title; “(ii) does not interfere with the use of that equipment under this title; and “(iii) does not add to the cost of using that equipment under this title. “(4) Each eligible recipient receiving funds under this part shall use no more than 5 percent of such funds for administrative costs. “Subpart 3— Local Application “SEC. 240. LOCAL APPLICATION. “Any eligible recipient desiring financial assistance under this part shall, according to requirements established by the State board, submit to the State board an application, covering the same period as the State plan, for the use of such assistance. The State board shall determine requirements for local applications, except that each such application shall— “(1) contain a description of the vocational education programs to be funded, including— “(A) the extent to which the program incorporates each of the elements described in section 235; “(B) how the eligible recipient will use the funds available under this part and from other resources to improve the program with regard to each use of funds described in section 235; 104 STAT. 785 “(2) contain a report on the number of individuals in each of the special populations; “(3) contain a description of how the needs of individuals who are members of special populations will be assessed and a description of the planned use of funds to meet such needs; “(4) describe how access to programs of good quality will be provided to students who are economically disadvantaged (including foster children), students with handicaps, and students of limited English proficiency through affirmative out-reach and recruitment efforts; “(5) provide assurances that the programs funded under this part shall be carried out according to the criteria for programs for each special population; “(6) describe the program evaluation standards the applicant will use to measure its progress; “(7) describe methods to be used to coordinate vocational education services with relevant programs conducted under the Job Training Partnership Act, including cooperative arrangements established with private industry councils established under section 102(a) of such Act, in order to avoid duplication and to expand the range of and accessibility to vocational education services; “(8) describe methods used to develop vocational educational programs in consultation with parents and students of special populations; “(9) provide a description of coordination with community--based organizations; “(10) consider the demonstrated occupational needs of the area in assisting programs funded by this Act; “(11) provide a description of how the eligible recipient will provide a vocational education program that— “(A) integrates academic and occupational disciplines so that students participating in the program are able to achieve both academic and occupational competence; and “(B) offers coherent sequences of courses leading to a job skill; “(12) provide assurances that the eligible recipient will provide a vocational education program that— “(A) encourages students through counseling to pursue such coherent sequences of courses; “(B) assists students who are economically disadvantaged, students of limited English proficiency, and students with handicaps to succeed through supportive services such as counseling, English-language instruction, child care, and special aids; “(C) is of such size, scope, and quality as to bring about improvement in the quality of education offered by the school; and “(D) seeks to cooperate with the sex equity program carried out under section 222; “(13) provide an assurance that the eligible recipient will provide sufficient information to the State to enable the State to comply with the provisions of section 231(d); and “(14) describe how the eligible recipient will monitor the provision of vocational education to individuals who are members of special populations.”