Pub. L. 101-392, tit. I, pt. B, sec. 116

STATE ASSESSMENT AND EVALUATION.

EnactedYear: 1990Length: 1,818 wordsOfficial source
SEC. 116. STATE ASSESSMENT AND EVALUATION. Part B of title I of the Act (20 U.S.C. 2321 et seq.) is amended by adding at the end the following: “Sec. 116. STATE ASSESSMENT. “(a) 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 groups described in section 115(a) and shall use information gathered by the National Occupational Information Coordinating Committee and, if appropriate, other information. Each State board shall widely disseminate such criteria. State boards shall develop such criteria no later than the beginning of the 1991–1992 school year. Such criteria shall include such factors as— “(1) integration of academic and vocational education; “(2) sequential course of study leading to both academic and occupational competencies; “(3) increased student work skill attainment and job placement; “(4) increased linkages between secondary and postsecondary educational institutions; “(5) instruction and experience, to the extent practicable, in all aspects of the industry the students are preparing to enter; “(6) the ability of the eligible recipients to meet the needs of special populations with respect to vocational education; “(7) raising the quality of vocational education programs in schools with high concentrations of poor and low-achieving students; “(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 workforce; “(10) basic and higher order current and future workplace competencies which will reflect the hiring needs of employers; and “(11) other factors considered appropriate by the State board. “(b) 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 Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990. “Sec. 117. PROGRAM EVALUATION AND IMPROVEMENT. “(a) Annual Evaluation.— Each recipient of financial assistance under part C of title II shall annually evaluate the effectiveness of the program conducted with assistance under this Act based on the standards and measures (or modifications thereto) developed as required by section 115. As part of each such evaluation, each such recipient shall— “(1) review programs, with the full and informed participation of representatives of individuals who are members of special populations, to— 104 STAT. 773 “(A) identify and adopt strategies to overcome any barriers which are resulting in lower rates of access to vocational education programs or success in such programs for individuals who are members of special populations; and “(B) evaluate the progress of individuals who are members of special populations in vocational education programs assisted under this Act; and “(2) evaluate the progress of vocational education programs assisted under this Act in providing vocational education students with strong experience in and understanding of all aspects of the industry the students are preparing to enter. “(b) Local Program Improvement Plan.— Beginning not less than 1 year after the implementation of the provisions of section 115, if any recipient described in subsection (a) determines that the recipient is not making substantial progress in meeting the standards and measures developed as required by section 115, such recipient shall develop a plan, in consultation with teachers, parents, and students concerned, for program improvement for the succeeding school year. Such plan shall describe how the recipient will identify and modify programs funded under part C of title II, including— “(1) a description of vocational education and career development strategies designed to achieve progress in improving the effectiveness of the program conducted with assistance under this Act; and “(2) if necessary, a description of strategies designed to improve supplementary services provided to individuals who are members of special populations. “(c) State and Local Joint Plan.— If, after 1 year of implementation of the plan described in subsection (b), sufficient progress in meeting the standards and measures developed as required by section 115 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 eligible recipient; “(2) a reasonable timetable to improve the school performance under the plan; “(3) a description of vocational education strategies designed to improve the performance of the program as measured by the evaluation; and “(4) if necessary, a description of strategies designed to improve supplementary services provided to individuals who are members of special populations. “(d) 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 performance and will continue to do so each consecutive year until the recipient sustains, for more than 1 year, fulfillment of the State and local standards and measures developed under section 115. “SEC. 118. CRITERIA FOR SERVICES AND ACTIVITIES FOR INDIVIDUALS WHO ARE MEMBERS OF SPECIAL POPULATIONS. “(a) Assurances of Equal Access for Members of Special Populations.— The State board, in its State plan, shall provide assurances that— 104 STAT. 774 “(1) individuals who are members of special populations will be provided with equal access to recruitment, enrollment, and placement activities; “(2) individuals who are members of special populations will be provided with equal access to the full range of vocational education programs available to individuals who are not members of special populations, including occupationally specific courses of study, cooperative education, apprenticeship programs, and, to the extent practicable, comprehensive career guidance and counseling services, and shall not be discriminated against on the basis of their status as members of special populations; “(3) (A) vocational education programs and activities for individuals with handicaps will be provided in the least restrictive environment in accordance with section 612(5)(B) of the Education of the Handicapped Act and will, whenever appropriate, be included as a component of the individualized education program developed under section 614(a)(5) of such Act; “(B) students with handicaps who have individualized education programs developed under section 614(a)(5) of the Education of the Handicapped Act shall, with respect to vocational education programs, be afforded the rights and protections guaranteed such students under sections 612, 614, and 615 of such Act; “(C) students with handicaps who do not have individualized education programs developed under section 614(a)(5) of the Education of the Handicapped Act or who are not eligible to have such a program shall, with respect to vocational education programs, be afforded the rights and protections guaranteed such students under section 504 of the Rehabilitation Act of 1973 and, for the purpose of this Act, such rights and protections shall include making vocational education programs readily accessible to eligible individuals with disabilities through the provision of services described in subsection (c)(3); “(D) vocational education planning for individuals with handicaps will be coordinated between appropriate representatives of vocational education, special education, and State vocational rehabilitation agencies; and “(E) the provision of vocational education to each student with handicaps will be monitored to determine if such education is consistent with the individualized education program developed for such student under section 614(a)(5) of the Education of the Handicapped Act, in any case in which such a program exists; “(4) the provision of vocational education will be monitored to ensure that disadvantaged students and students of limited English proficiency have access to such education in the most integrated setting possible; and “(5) (A) the requirements of this Act relating to individuals who are members of special populations— “(i) will be carried out under the general supervision of individuals in the appropriate State educational agency or State board who are responsible for students who are members of special populations; and “(ii) will meet education standards of the State educational agency or State board; and 104 STAT. 775 “(B) with respect to students with handicaps, the supervision carried out under subparagraph (A) shall be carried out consistent with and in conjunction with supervision by the State educational agency or State board carried out under section 612(6) of the Education of the Handicapped Act. “(b) Provision of Information.— (1) Each local educational agency shall provide to students who are members of special populations and parents of such students at least 1 year before the students enter or are of an appropriate age for the grade level in which vocational education programs are first generally available in the State, but in no event later than the beginning of the ninth grade, information concerning— “(A) the opportunities available in vocational education; “(B) the requirements for eligibility for enrollment in such vocational education programs; “(C) specific courses that are available; “(D) special services that are available; “(E) employment opportunities; and “(F) placement. “(2) Each eligible institution that receives assistance under title II shall provide the information described in paragraph (1) to each individual who requests information concerning or seeks admission to vocational education programs offered by the institution, and, when appropriate, assist in the preparation of applications relating to such admission. “(3) The information provided under this subsection shall, to the extent practicable, be in a language and form that the parents and students understand. “(c) Assurances.— Each eligible recipient that receives assistance under title II shall provide assurances that such eligible recipient shall— “(1) assist students who are members of special populations to enter vocational education programs, and, with respect to students with handicaps, assist in fulfilling the transitional service requirements of section 626 of the Education of the Handicapped Act; “(2) assess the special needs of students participating in programs receiving assistance under title II with respect to their successful completion of the vocational education program in the most integrated setting possible; “(3) provide supplementary services to students who are members of special populations, including, with respect to individuals with handicaps— “(A) curriculum modification; “(B) equipment modification; “(C) classroom modification; “(D) supportive personnel; and “(E) instructional aids and devices; “(4) provide guidance, counseling, and career development activities conducted by professionally trained counselors and teachers who are associated with the provision of such special services; and “(5) provide counseling and instructional services designed to facilitate the transition from school to post-school employment and career opportunities. “(d) Participatory Planning.— The State board shall— 104 STAT. 776 “(1) establish effective procedures, including an expedited appeals procedure, by which parents, students, teachers, and area residents concerned will be able to directly participate in State and local decisions that influence the character of programs under this Act affecting their interests; and “(2) provide technical assistance and design such procedures to ensure that such individuals are given access to the information needed to use such procedures.”.
Pub. L. 101-392, tit. I, pt. B, sec. 116: STATE ASSESSMENT AND EVALUATION. | Justis AI