Part C - Local Provisions

20 USC 2351 - Distribution of funds to secondary education programs

(a) Distribution rules 
Except as provided in section 2353 of this title and as otherwise provided in this section, each eligible agency shall distribute the portion of funds made available under section 2322 (a)(1) of this title to carry out this section to local educational agencies within the State as follows:
(1) Thirty percent 
Thirty percent shall be allocated to such local educational agencies in proportion to the number of individuals aged 5 through 17, inclusive, who reside in the school district served by such local educational agency for the preceding fiscal year compared to the total number of such individuals who reside in the school districts served by all local educational agencies in the State for such preceding fiscal year, as determined on the basis of the most recent satisfactory
(A) data provided to the Secretary by the Bureau of the Census for the purpose of determining eligibility under title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.]; or
(B) student membership data collected by the National Center for Education Statistics through the Common Core of Data survey system.
(2) Seventy percent 
Seventy percent shall be allocated to such local educational agencies in proportion to the number of individuals aged 5 through 17, inclusive, who reside in the school district served by such local educational agency and are from families below the poverty level for the preceding fiscal year, as determined on the basis of the most recent satisfactory data used under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6333 (c)(1)(A)], compared to the total number of such individuals who reside in the school districts served by all the local educational agencies in the State for such preceding fiscal year.
(3) Adjustments 
Each eligible agency, in making the allocations under paragraphs (1) and (2), shall adjust the data used to make the allocations to
(A) reflect any change in school district boundaries that may have occurred since the data were collected; and
(B) include local educational agencies without geographical boundaries, such as charter schools and secondary schools funded by the Bureau of Indian Affairs.
(b) Waiver for more equitable distribution 
The Secretary may waive the application of subsection (a) in the case of any eligible agency that submits to the Secretary an application for such a waiver that
(1) demonstrates that a proposed alternative formula more effectively targets funds on the basis of poverty (as defined by the Office of Management and Budget and revised annually in accordance with section 9902 (2) of title 42) to local educational agencies within the State than the formula described in subsection (a); and
(2) includes a proposal for such an alternative formula.
(c) Minimum allocation 

(1) In general 
Except as provided in paragraph (2), a local educational agency shall not receive an allocation under subsection (a) unless the amount allocated to such agency under subsection (a) is greater than $15,000. A local educational agency may enter into a consortium with other local educational agencies for purposes of meeting the minimum allocation requirement of this paragraph.
(2) Waiver 
The eligible agency shall waive the application of paragraph (1) in any case in which the local educational agency
(A) 
(i) is located in a rural, sparsely populated area; or
(ii) is a public school">charter school operating secondary school career and technical education programs; and
(B) demonstrates that the local educational agency is unable to enter into a consortium for purposes of providing activities under this part.
(3) Redistribution 
Any amounts that 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 (2) in accordance with the provisions of this section.
(d) Limited jurisdiction agencies 

(1) In general 
In applying the provisions of subsection (a), no eligible agency receiving assistance under this subchapter shall allocate funds to a local educational agency that serves only elementary schools, but shall distribute such funds to the local educational agency or regional educational agency that provides secondary school services to secondary school students in the same attendance area.
(2) Special rule 
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.
(e) Allocations to area career and technical education schools and educational service agencies 

(1) In general 
Each eligible agency shall distribute the portion of funds made available under section 2322 (a)(1) of this title for any fiscal year by such eligible agency for career and technical education activities at the secondary level under this section to the appropriate area career and technical education school or educational service agency in any case in which the area career and technical education school or educational service agency, and the local educational agency concerned
(A) have formed or will form a consortium for the purpose of receiving funds under this section; or
(B) have entered into or will enter into a cooperative arrangement for such purpose.
(2) Allocation basis 
If an area career and technical education school or educational service agency meets the requirements of paragraph (1), then the amount that would otherwise be distributed to the local educational agency shall be allocated to the area career and technical education school, the educational service agency, and the local educational agency based on each school, agency or entitys relative share of students who are attending career and technical education programs (based, if practicable, on the average enrollment for the preceding 3 years).
(3) Appeals procedure 
The eligible agency shall establish an appeals procedure for resolution of any dispute arising between a local educational agency and an area career and technical education school or an educational service agency with respect to the allocation procedures described in this section, including the decision of a local educational agency to leave a consortium or terminate a cooperative arrangement.
(f) Consortium requirements 

(1) Alliance 
Any local educational agency receiving an allocation that is not sufficient to conduct a program which meets the requirements of section 2355 of this title is encouraged to
(A) form a consortium or enter into a cooperative agreement with an area career and technical education school or educational service agency offering programs that meet the requirements of section 2355 of this title;
(B) transfer such allocation to the area career and technical education school or educational service agency; and
(C) operate programs that are of sufficient size, scope, and quality to be effective.
(2) Funds to consortium 
Funds allocated to a consortium formed to meet the requirements of this subsection shall be used only for purposes and programs that are mutually beneficial to all members of the consortium and can be used only for programs authorized under this subchapter. Such funds may not be reallocated to individual members of the consortium for purposes or programs benefitting only 1 member of the consortium.
(g) Data 
The Secretary shall collect information from eligible agencies regarding the specific dollar allocations made available by the eligible agency for career and technical education programs under subsections (a), (b), (c), (d), and (e) and how these allocations are distributed to local educational agencies, area career and technical education schools, and educational service agencies, within the State in accordance with this section.
(h) Special rule 
Each eligible agency distributing funds under this section shall treat a secondary school funded by the Bureau of Indian Affairs within the State as if such school were a local educational agency within the State for the purpose of receiving a distribution under this section.

20 USC 2352 - Distribution of funds for postsecondary education programs

(a) Allocation 

(1) In general 
Except as provided in subsections (b) and (c) and section 2353 of this title, each eligible agency shall distribute the portion of the funds made available under section 2322 (a)(1) of this title to carry out this section for any fiscal year to eligible institutions or consortia of eligible institutions within the State.
(2) Formula 
Each eligible institution or consortium of eligible institutions shall be allocated an amount that bears the same relationship to the portion of funds made available under section 2322 (a)(1) of this title to carry out this section for any fiscal year as the sum of the number of individuals who are Federal Pell Grant recipients and recipients of assistance from the Bureau of Indian Affairs enrolled in programs meeting the requirements of section 2355 of this title offered by such institution or consortium in the preceding fiscal year bears to the sum of the number of such recipients enrolled in such programs within the State for such year.
(3) Consortium requirements 

(A) In general 
In order for a consortium of eligible institutions described in paragraph (2) to receive assistance pursuant to such paragraph, such consortium shall operate joint projects that
(i) provide services to all postsecondary institutions participating in the consortium; and
(ii) are of sufficient size, scope, and quality to be effective.
(B) Funds to consortium 
Funds allocated to a consortium formed to meet the requirements of this section shall be used only for purposes and programs that are mutually beneficial to all members of the consortium and shall be used only for programs authorized under this subchapter. Such funds may not be reallocated to individual members of the consortium for purposes or programs benefitting only 1 member of the consortium.
(4) Waiver 
The eligible agency may waive the application of paragraph (3)(A)(i) in any case in which the eligible institution is located in a rural, sparsely populated area.
(b) Waiver for more equitable distribution 
The Secretary may waive the application of subsection (a) if an eligible agency 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 eligible institutions or consortia within the State that have the highest numbers of economically disadvantaged individuals and that an alternative formula will result in such a distribution; and
(2) includes a proposal for such an alternative formula.
(c) Minimum grant amount 

(1) In general 
No institution or consortium shall receive an allocation under this section in an amount that is less than $50,000.
(2) Redistribution 
Any amounts that are not distributed by reason of paragraph (1) shall be redistributed to eligible institutions or consortia in accordance with this section.

20 USC 2353 - Special rules for career and technical education

(a) Special rule for minimal allocation 

(1) General authority 
Notwithstanding the provisions of sections 2351 and 2352 of this title and in order to make a more equitable distribution of funds for programs serving the areas of greatest economic need, for any program year for which a minimal amount is made available by an eligible agency for distribution under section 2351 or 2352 of this title, such eligible agency may distribute such minimal amount for such year
(A) on a competitive basis; or
(B) through any alternative method determined by the eligible agency.
(2) 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 section 2322 (a)(1) of this title.
(b) Redistribution 

(1) In general 
In any academic year that an eligible recipient does not expend all of the amounts the eligible recipient is allocated for such year under section 2351 or 2352 of this title, such eligible recipient shall return any unexpended amounts to the eligible agency to be reallocated under section 2351 or 2352 of this title, as appropriate.
(2) Redistribution of amounts returned late in an academic year 
In any academic year in which amounts are returned to the eligible agency under section 2351 or 2352 of this title and the eligible agency is unable to reallocate such amounts according to such sections in time for such amounts to be expended in such academic year, the eligible agency shall retain such amounts for distribution in combination with amounts provided under section 2322 (a)(1) of this title for the following academic year.
(c) Construction 
Nothing in section 2351 or 2352 of this title shall be construed
(1) to prohibit a local educational agency or a consortium thereof that receives assistance under section 2351 of this title, from working with an eligible institution or consortium thereof that receives assistance under section 2352 of this title, to carry out career and technical education programs at the secondary level in accordance with this subchapter;
(2) to prohibit an eligible institution or consortium thereof that receives assistance under section 2352 of this title, from working with a local educational agency or consortium thereof that receives assistance under section 2351 of this title, to carry out postsecondary and adult career and technical education programs in accordance with this subchapter; or
(3) to require a school">charter school, that provides career and technical education programs and is considered a local educational agency under State law, to jointly establish the charter schools eligibility for assistance under this subchapter unless the school">charter school is explicitly permitted to do so under the States school">charter school statute.
(d) Consistent application 
For purposes of this section, the eligible agency shall provide funds to charter schools offering career and technical education programs in the same manner as the eligible agency provides those funds to other schools. Such career and technical education programs within a school">charter school shall be of sufficient size, scope, and quality to be effective.

20 USC 2354 - Local plan for career and technical education programs

(a) Local plan required 
Any eligible recipient desiring financial assistance under this part shall, in accordance with requirements established by the eligible agency (in consultation with such other educational training entities as the eligible agency determines to be appropriate) submit a local plan to the eligible agency. Such local plan shall cover the same period of time as the period of time applicable to the State plan submitted under section 2342 of this title.
(b) Contents 
The eligible agency shall determine the requirements for local plans, except that each local plan shall
(1) describe how the career and technical education programs required under section 2355 (b) of this title will be carried out with funds received under this subchapter;
(2) describe how the career and technical education activities will be carried out with respect to meeting State and local adjusted levels of performance established under section 2323 of this title;
(3) describe how the eligible recipient will
(A) offer the appropriate courses of not less than 1 of the career and technical programs of study described in section 2342 (c)(1)(A) of this title;
(B) improve the academic and technical skills of students participating in career and technical education programs by strengthening the academic and career and technical education components of such programs through the integration of coherent and rigorous content aligned with challenging academic standards and relevant career and technical education programs to ensure learning in
(i) the core academic subjects (as defined in section 7801 of this title); and
(ii) career and technical education subjects;
(C) provide students with strong experience in, and understanding of, all aspects of an industry;
(D) ensure that students who participate in such career and technical education programs are taught to the same coherent and rigorous content aligned with challenging academic standards as are taught to all other students; and
(E) encourage career and technical education students at the secondary level to enroll in rigorous and challenging courses in core academic subjects (as defined in section 7801 of this title);
(4) describe how comprehensive professional development (including initial teacher preparation) for career and technical education, academic, guidance, and administrative personnel will be provided that promotes the integration of coherent and rigorous content aligned with challenging academic standards and relevant career and technical education (including curriculum development);
(5) describe how parents, students, academic and career and technical education teachers, faculty, administrators, career guidance and academic counselors, representatives of tech prep consortia (if applicable), representatives of the entities participating in activities described in section 2832 of title 29 (if applicable), representatives of business (including small business) and industry, labor organizations, representatives of special populations, and other interested individuals are involved in the development, implementation, and evaluation of career and technical education programs assisted under this subchapter, and how such individuals and entities are effectively informed about, and assisted in understanding, the requirements of this subchapter, including career and technical programs of study;
(6) provide assurances that the eligible recipient will provide a career and technical education program that is of such size, scope, and quality to bring about improvement in the quality of career and technical education programs;
(7) describe the process that will be used to evaluate and continuously improve the performance of the eligible recipient;
(8) describe how the eligible recipient will
(A) review career and technical education programs, and identify and adopt strategies to overcome barriers that result in lowering rates of access to or lowering success in the programs, for special populations;
(B) provide programs that are designed to enable the special populations to meet the local adjusted levels of performance; and
(C) provide activities to prepare special populations, including single parents and displaced homemakers, for high skill, high wage, or high demand occupations that will lead to self-sufficiency;
(9) describe how individuals who are members of special populations will not be discriminated against on the basis of their status as members of the special populations;
(10) describe how funds will be used to promote preparation for non-traditional fields;
(11) describe how career guidance and academic counseling will be provided to career and technical education students, including linkages to future education and training opportunities; and
(12) describe efforts to improve
(A) the recruitment and retention of career and technical education teachers, faculty, and career guidance and academic counselors, including individuals in groups underrepresented in the teaching profession; and
(B) the transition to teaching from business and industry.

20 USC 2355 - Local uses of funds

(a) General authority 
Each eligible recipient that receives funds under this part shall use such funds to improve career and technical education programs.
(b) Requirements for uses of funds 
Funds made available to eligible recipients under this part shall be used to support career and technical education programs that
(1) strengthen the academic and career and technical skills of students participating in career and technical education programs, by strengthening the academic and career and technical education components of such programs through the integration of academics with career and technical education programs through a coherent sequence of courses, such as career and technical programs of study described in section 2342 (c)(1)(A) of this title, to ensure learning in
(A) the core academic subjects (as defined in section 7801 of this title); and
(B) career and technical education subjects;
(2) link career and technical education at the secondary level and career and technical education at the postsecondary level, including by offering the relevant elements of not less than 1 career and technical program of study described in section 2342 (c)(1)(A) of this title;
(3) provide students with strong experience in and understanding of all aspects of an industry, which may include work-based learning experiences;
(4) develop, improve, or expand the use of technology in career and technical education, which may include
(A) training of career and technical education teachers, faculty, and administrators to use technology, which may include distance learning;
(B) providing career and technical education students with the academic and career and technical skills (including the mathematics and science knowledge that provides a strong basis for such skills) that lead to entry into the technology fields; or
(C) encouraging schools to collaborate with technology industries to offer voluntary internships and mentoring programs, including programs that improve the mathematics and science knowledge of students;
(5) provide professional development programs that are consistent with section 2342 of this title to secondary and postsecondary teachers, faculty, administrators, and career guidance and academic counselors who are involved in integrated career and technical education programs, including
(A) in-service and preservice training on
(i) effective integration and use of challenging academic and career and technical education provided jointly with academic teachers to the extent practicable;
(ii) effective teaching skills based on research that includes promising practices;
(iii) effective practices to improve parental and community involvement; and
(iv) effective use of scientifically based research and data to improve instruction;
(B) support of education programs for teachers of career and technical education in public schools and other school">public school personnel who are involved in the direct delivery of educational services to career and technical education students, to ensure that such teachers and personnel stay current with all aspects of an industry;
(C) internship programs that provide relevant business experience; and
(D) programs designed to train teachers specifically in the effective use and application of technology to improve instruction;
(6) develop and implement evaluations of the career and technical education programs carried out with funds under this subchapter, including an assessment of how the needs of special populations are being met;
(7) initiate, improve, expand, and modernize quality career and technical education programs, including relevant technology;
(8) provide services and activities that are of sufficient size, scope, and quality to be effective; and
(9) provide activities to prepare special populations, including single parents and displaced homemakers who are enrolled in career and technical education programs, for high skill, high wage, or high demand occupations that will lead to self-sufficiency.
(c) Permissive 
Funds made available to an eligible recipient under this subchapter may be used
(1) to involve parents, businesses, and labor organizations as appropriate, in the design, implementation, and evaluation of career and technical education programs authorized under this subchapter, including establishing effective programs and procedures to enable informed and effective participation in such programs;
(2) to provide career guidance and academic counseling, which may include information described in section 2328 of this title, for students participating in career and technical education programs, that
(A) improves graduation rates and provides information on postsecondary and career options, including baccalaureate degree programs, for secondary students, which activities may include the use of graduation and career plans; and
(B) provides assistance for postsecondary students, including for adult students who are changing careers or updating skills;
(3) for local education and business (including small business) partnerships, including for
(A) work-related experiences for students, such as internships, cooperative education, school-based enterprises, entrepreneurship, and job shadowing that are related to career and technical education programs;
(B) adjunct faculty arrangements for qualified industry professionals; and
(C) industry experience for teachers and faculty;
(4) to provide programs for special populations;
(5) to assist career and technical student organizations;
(6) for mentoring and support services;
(7) for leasing, purchasing, upgrading or adapting equipment, including instructional aids and publications (including support for library resources) designed to strengthen and support academic and technical skill achievement;
(8) for teacher preparation programs that address the integration of academic and career and technical education and that assist individuals who are interested in becoming career and technical education teachers and faculty, including individuals with experience in business and industry;
(9) to develop and expand postsecondary program offerings at times and in formats that are accessible for students, including working students, including through the use of distance education;
(10) to develop initiatives that facilitate the transition of subbaccalaureate career and technical education students into baccalaureate degree programs, including
(A) articulation agreements between sub-baccalaureate degree granting career and technical education postsecondary educational institutions and baccalaureate degree granting postsecondary educational institutions;
(B) postsecondary dual and concurrent enrollment programs;
(C) academic and financial aid counseling for sub-baccalaureate career and technical education students that informs the students of the opportunities for pursuing a baccalaureate degree and advises the students on how to meet any transfer requirements; and
(D) other initiatives
(i) to encourage the pursuit of a baccalaureate degree; and
(ii) to overcome barriers to enrollment in and completion of baccalaureate degree programs, including geographic and other barriers affecting rural students and special populations;
(11) to provide activities to support entrepreneurship education and training;
(12) for improving or developing new career and technical education courses, including the development of new proposed career and technical programs of study for consideration by the eligible agency and courses that prepare individuals academically and technically for high skill, high wage, or high demand occupations and dual or concurrent enrollment opportunities by which career and technical education students at the secondary level could obtain postsecondary credit to count towards an associate or baccalaureate degree;
(13) to develop and support small, personalized career-themed learning communities;
(14) to provide support for family and consumer sciences programs;
(15) to provide career and technical education programs for adults and school dropouts to complete the secondary school education, or upgrade the technical skills, of the adults and school dropouts;
(16) to provide assistance to individuals who have participated in services and activities under this chapter in continuing their education or training or finding an appropriate job, such as through referral to the system established under section 2841 of title 29;
(17) to support training and activities (such as mentoring and outreach) in non-traditional fields;
(18) to provide support for training programs in automotive technologies;
(19) to pool a portion of such funds with a portion of funds available to not less than 1 other eligible recipient for innovative initiatives, which may include
(A) improving the initial preparation and professional development of career and technical education teachers, faculty, administrators, and counselors;
(B) establishing, enhancing, or supporting systems for
(i) accountability data collection under this chapter; or
(ii) reporting data under this chapter;
(C) implementing career and technical programs of study described in section 2342 (c)(1)(A) of this title; or
(D) implementing technical assessments; and
(20) to support other career and technical education activities that are consistent with the purpose of this chapter.
(d) Administrative costs 
Each eligible recipient receiving funds under this part shall not use more than 5 percent of the funds for administrative costs associated with the administration of activities assisted under this section.