STATE PLAN.

SEC. 113. STATE PLAN. Section 113 of the Act (20 U.S.C. 2323) is amended to read as follows: “SEC. 113. STATE PLAN. “(a) In General.— (1) (A) Any State desiring to receive funds from its allotment for any fiscal year shall submit to the Secretary a State plan for a 3-year period, in the case of the initial plan, and a 2-year period thereafter, together with such annual revisions as the State board determines to be necessary. “(B) The planning periods required by subparagraph (A) shall be coterminous with the planning program periods required under section 104(a) of the Job Training Partnership Act. “(2) (A) In formulating the State plan (and amendments thereto), the State board shall meet with and utilize the State council established pursuant to section 112. “(B) The State board shall conduct public hearings in the State, after appropriate and sufficient notice, for the purpose of affording all segments of the public and interested organizations and groups an opportunity to present their views and make recommendations regarding the State plan. A summary of such recommendations and the State board’s response shall be included with the State plan. “(3) In developing the State plan, the State shall conduct an assessment according to section 116. Such assessment shall include analysis of— “(A) the relative academic, occupational, training, and retraining needs of secondary, adult, and postsecondary students; and “(B) the capability of vocational education programs to provide vocational education students, to the extent practicable, with— “(i) strong experience in and understanding of all aspects of the industry the students are preparing to enter (including planning, management, finances, technical and produc-104 STAT. 767tion skills, underlying principles of technology, labor and community issues, and health, safety, and environmental issues); and “(ii) strong development and use of problem-solving skills and basic and advanced academic skills (including skills in the areas of mathematics, reading, writing, science, and social studies) in a technological setting. “(b) Contents.— Each State plan shall— “(1) describe the procedures and the results of each of the assessments required by section 116(a), including the needs identified by such assessments; “(2) describe how uses of funds reflect the needs described in paragraph (1); “(3) provide assurances that, and where necessary a description of the manner in which, eligible recipients will comply with the requirements of titles I and II, including— “(A) a description of the manner in which the State will comply with the criteria required for programs for individuals who are members of special populations and a description of the responsiveness of such programs to the special needs of such students; “(B) assurances that the State board will develop measurable goals and accountability measures for meeting the needs of individuals who are members of special populations; “(C) assurances that the State board will conduct adequate monitoring of programs conducted by eligible recipients to ensure that programs within the State are meeting the goals described in subparagraph (B); and “(D) assurances that, to the extent consistent with the number and location of individuals who are members of special populations who are enrolled in private secondary schools, provision is made for the participation of such individuals in the vocational education programs assisted under section 231; “(4) describe the estimated distribution of funds to corrections educational agencies as prescribed by section 225, the estimated distribution of funds to local educational agencies, area vocational education schools, or intermediate educational agencies as prescribed by section 231, and the planned estimated distribution of funds to eligible institutions as prescribed by section 232; “(5) provide assurances that the State will comply with the provisions of section 102, including assurances that the State will distribute not less than 75 percent of the funds made available for title II to eligible recipients pursuant to such title; “(6) describe the criteria the State board will use— “(A) in approving applications of eligible recipients; and “(B) for spending the amounts reserved for the State under paragraphs (2) through (5) of section 102(a); “(7) describe now funds expended for occupationally specific training will be used for occupations in which job openings are projected or available, based on a labor market analysis; “(8) provide assurances that the State will develop and implement a system of standards for performance and measures of performance for vocational education programs at the State level that meets the requirements of section 115; 104 STAT. 768 “(9) describe, in each State plan submitted after the fiscal year 1991, the progress the State has made in achieving the goals described in previous State plans; “(10) provide such methods of administration as are necessary for the prompt and efficient administration of programs under this Act; “(11) provide assurances that, in the use of funds available for single parents, displaced homemakers, and single pregnant women under section 221, the State will emphasize assisting individuals with the greatest financial need, and that the State will give special consideration to displaced homemakers who because of divorce, separation, or the death or disability of a spouse must prepare for paid employment; “(12) provide assurances that the State will furnish relevant training and vocational education activities to men and women who desire to enter occupations that are not traditionally associated with their sex; “(13) describe how the State is implementing performance evaluations with eligible recipients as prescribed in section 117; “(14) describe the methods proposed for the joint planning and coordination of programs carried out under this Act with programs conducted under the Job Training Partnership Act, the Adult Education Act, chapter 1 of title I of the Elementary and Secondary Education Act of 1965, the Education of the Handicapped Act, and the Rehabilitation Act of 1973, and with apprenticeship programs; “(15) provide assurances that programs of personnel development and curriculum development shall be funded to further the goals identified in the State plan; “(16) provide assurances that the vocational education needs of identifiable segments of the population in the State that have the highest rates of unemployment have been thoroughly assessed, and that such needs are reflected in and addressed by the State plan; “(17) provide assurances that the State board will cooperate with the State council in carrying out the Board’s duties under this part; “(18) provide assurances that 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 purchasing entity or its employees or any affiliate of such an organization; “(19) provide assurances that State and local funds will be used in the schools of each local educational agency that are receiving funds under this Act to provide services which, taken as a whole, are at least comparable to services being provided in schools in such agency which are not receiving such funds; “(20) (A) provide assurances that the State will provide leader-ship, supervision, and resources for comprehensive career guidance, vocational counseling, and placement programs; “(B) as a component of the assurances described in subparagraph (A), annually assess and report on the degree to which expenditures aggregated within the State for career guidance and vocational counseling from allotments under title II are not less than such expenditures for such guidance and counseling within the State in the fiscal year 1988; 104 STAT. 769 “(21) provide assurances that the State will provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of, and accounting for, Federal funds paid to the State (including such funds paid by the State to eligible recipients under this Act); “(22) provide procedures by which an area vocational education school, intermediate educational agency, or local educational agency may appeal decisions adverse to its interests with respect to programs assisted under this Act; and “(23) describe how the State will comply with the provisions of section 118. “(c) Amendments to State Plan.— When changes in program conditions, labor market conditions, funding, or other factors re-quire substantial amendment to an approved State plan, the State board, in consultation with the State council, shall submit amendments to such State plan to the Secretary. Any such amendments shall be subject to review by the State job training coordinating council and the State council.”.