Perkins IV Planning Committee September 21, 2006 at the Tennessee Technology Center Nashville

5. 90 Year Changes Vocational Education Sub-baccalaureate Focus

8. Winners NCLB referenced 21 times Special Populations �Expanded/Direct Assistance State Eligible Agency Four Year Post-Secondary Institutions

9. Losers WIA Coordination/Incentive Grants Tech Prep Consortia Private non-profits Maintenance of effort

10. Timeline Effective Date � August 12, 2006 7/1/06 � 6/30/07 -Baseline 7/1/07 � 6/30/08 -Baseline Transition 7/1/08 � 6/30/09 -1st year under new accountability 7/1/09 � 6/30/10 -2nd year under new accountability 7/1/10 � 6/30/11 -3rd year under new accountability 7/1/11 � 6/30/12 -potential sanctions and last year of law

11. Threshold Issues Transition Plan vs. Full 6-year State Plan What is a Transition Plan? Does this mean 5-year State Plan, Local Plan, or Tech Prep Plan? Will 7/1/07 � 6/30/08 be 9th year of Perkins III?

12. Threshold Issues 5) State Plan Options Separate State Plan, Separate Tech Prep Plan Consolidated State Plan WIA Unified Plan

13. NCLB Alignment Coherent and rigorous academic content, determined by the State No AYP �not correlated to adjusted levels of performance Graduation rates �fully aligned with State�s academic standard, not GED Professional Development �not HQT Learning in Core Academic Subjects �6 times

14. Core Academic Subjects English, Reading, Language Arts, Math, Science, Foreign Languages, Civics and Government, Economics, Arts, History, and Geography

15. Intra-state Funding Up to 5% of Basic Grants for State Administration, subject to match and maintenance of effort Up to 10% of Basic Grants for State Leadership, not subject to match or maintenance $60,000 to $150,000 of State Leadership for non-traditional An amount equal to not more than 1% for corrections (out of State Leadership) At least 85% of Basic Grants to eligible recipients

16. �10% Reserve� Not subject to formula allocation For rural areas, high percentages, or high numbers of CTE students OVAE affords and promotes broad discretion on the �Reserve�

17. Secondary/ Post-Secondary Split The State Eligible Agency decides the Basic Grant split between Secondary and Post-Secondary

18. Unfunded Mandate USDE cannot mandate that a state or sub-grantee spend any funds or incur any costs not paid for under Act, except MOE, state match, state hold harmless

19. State Administration Developing the State Plan Reviewing local plans Monitoring/Evaluating Assuring compliance Providing technical assistance* Supporting and developing State Data Systems

20. Technical Assistance Allocable to State Administration or State Leadership State Leadership now mandates technical assistance, (Perkins III �permissive)

21. Changes to Other Fiscal Issues No funding for Section 118 �Occupational and Employment Information (may use State Leadership funds) Incentive grants to eligible recipients from State Leadership for exemplary performance No incentive grant authority tied to WIA and AEFLA

22. State Leadership � Mandatory Activities Assess CTE programs funded, including focus on special populations Develop, improve, or expand the use of technology in CTE Provide comprehensive professional development Support the integration of academics and CTE

23. State Leadership � Mandatory Activities Provide preparation for non-traditional fields and high skill, high wage occupations Support partnerships Serve individuals in state institutions Support for programs for special populations Technical assistance for local recipients

24. State Leadership � Permissive Activities Similar to current law Notable additions: Activities that facilitate transition from 2-yr. to 4-yr. Incentive grants for locals Entrepreneurship education and training Career academies, career clusters Technical assessments and data systems Recruitment and retention of educators Section 118 activities

25. Programs of Study�Career Pathways� �Senate�Model Sequence of courses� �House�Programs of Study� �Final Incorporate and align secondary and post-secondary education Include academic & CTE content in a coordinated, non-duplicative progression of courses May include the opportunity for secondary students to acquire post-secondary credits Lead to an industry-recognized credential or certificate at the post-secondary level, or an associate or baccalaureate degree; Identify and address current or emerging occupational opportunities;

26. Programs of Study Build on Tech Prep, career clusters, career pathways, career academies State develops in consultation with locals Locals must offer the required courses of at least one Program of Study (and can offer more) Foundation elements already in place

27. Section 135 �Nucleus Same Structure Improve CTE Programs 9 mandatory elements 20 permissive elements 5% local administration

28. Section 135 (b) �Mandatory Strengthen academic and technical skills of students through integration Link secondary and post-secondary education, including through �Programs of Study� Provide experiences in all aspects of an industry Develop, improve, or expand technology Provide professional development

29. Section 135 (b) �Mandatory Develop and implement evaluations of CTE programs Initiate, improve, expand, and modernize CTE programs Provide activities of sufficient size and scope to be effective Provide activities to prepare special populations for high skill, high wage, or high demand occupations that lead to self-sufficiency

30. Section 135 (c) �Permissive Similar to current law Notable additions: Activities that facilitate transition from 2-yr. to 4-yr. Entrepreneurship education and training Development of Programs of Study Development and support of small, personalized career-themed learning communities Pooling a portion of funds with other recipients for innovation Expanding post-secondary programs offerings at more accessible times/formats

31. Accountability Effort on Accountability will be more time consuming process under new law No Secretarial Involvement in Development of Accountability Standards???

32. Accountability Separate secondary and post-secondary indicators More specific improvement plan and sanction language Must have valid and reliable measures

33. Performance Indicators � Secondary Section 113 (b) Academic achievement �on NCLB assessments Technical attainment �industry standards when possible Attainment of (I) a diploma, (II) a GED, (III) a proficiency credential in conjunction with a diploma NCLB graduation rates Placement in post-secondary military, or employment Participation and completion of non-traditional programs

34. Performance Indicators � PostsecondarySection 113 (b) Technical attainment �industry standards when possible Attainment of industry recognized credential, certificate, or degree Retention in post-secondary (including transfer to 4-year) Placement in military or apprenticeship, or placement or retention in employment �including high skill, high wage, or high demand Participation and completion of non-traditional programs

35. Accountability � Negotiations Every two years Federal-state very similar to current law Locals will either accept state performance levels or negotiate with states on new local levels Must show continuous improvement

36. Accountability � Improvement Plans If a state or local fails to meet at least 90% of a performance level on any indicator �they must develop and implement an improvement plan Secretary of Education or State will provide technical assistance

37. Accountability � Subsequent Action If a state or local: Fails to implement an improvement plan Fails to make any improvement within a year after implementing plan Fails to meet 90% of an indicator 3 years in a row Then, funds can be withheld (fully or partially)

40. Section 202 (a) A State may choose to consolidate all, or a portion of, funds received under Tech Prep with the Basic Grant

41. Section 202 (c) Tech Prep funds consolidated shall be considered as Basic Grant funds.

42. Consolidated funds subject to: 5% State Administration 10% State Leadership 85% Pass Through (10% Reserve)

43. Net Result�Consolidated funds mean more: State Administration State Leadership Pass Through

44. Disadvantages to Consolidation Carry over authority No prescriptive formula 5% admin cap No evaluation No nine mandatory elements Seamless transition State admin match Preparatory services

45. Section 204 (e) Each Tech Prep consortium receiving a grant shall enter into an agreement with the state to meet a minimum level of performance for each of the performance indicators in section 113(b) and 203(e).

46. Section 203 (e) indicators� The number of secondary and post-secondary Tech Prep students served

52. Consideration for New State Plan 10% Reserve to Meet State Priorities Caps on Expenditures (Equipment) �Sufficient Size, Scope and Quality� Coordination with WIA

54. This presentation is intended solely to provide general information and does not constitute legal advice. Attendance at the presentation or later review of these printed materials does not create an attorney-client relationship with Brustein & Manasevit. You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances.