Reauthorization of the Perkins Act in the 114^th Congress: Comparison of Current Law and H.R. 5587

Provision

Current Law

H.R. 5587

Overall Structure and Funding Levels

General structure of Perkins CTE^a

Perkins IV has three titles:

Title I: Career and Technical Education Assistance to the States

Title II: Tech Prep Education

Title III: General Provisions

H.R. 5587 would have two titles:

Title I: Career and Technical Education Assistance to the States

Title II: General Provisions

Program repeals

Not applicable.

H.R. 5587 would repeal two programs: Tech Prep^b and Occupational and Employment Information (OEI).^c Tech Prep has not been funded since FY2010, and OEI has not been funded at all under Perkins IV.

Authorization and funding levels

Perkins IV contains authorizations of appropriations for five separate programs:

• Basic State Grants (BSG);
• National Programs;
• Tribally Controlled Postsecondary Career and Technical Institutions;
• OEI; and
• Tech Prep.

Each of these programs was authorized at "such sums as may be necessary" for FY2007-FY2012. All of these programs were automatically extended through FY2013 by the General Education Provisions Act (GEPA).

H.R. 5587 would include authorizations of appropriations for FY2017-FY2022 for each of the three programs that it does not repeal:

• Basic State Grants;
• National Programs; and
• Tribally Controlled Postsecondary Career and Technical Institutions.

The levels of authorized funding would increase each year for each of the programs, reaching a total of $1.23 billion in FY2022. The detailed authorizations of appropriations for each of the programs are shown in Table A-1.

State and Local Funding Formula Provisions

Basic State Grants (BSG) state allocation formula

After a series of reservations for outlying areas and Native American and Native Hawaiian programs, BSG funds are awarded to the 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands (hereinafter referred to as states) according to a formula that awards proportionally larger grants to states with larger populations in the age range traditionally enrolled in high school and within two years of high school graduation (15-19 years old) and to states with lower than average per capita incomes.

Incorporated in the formula are certain features that guarantee minimum funding levels. The first is a FY1998 hold harmless provision, which ensures that states receive at least the amount they were awarded in FY1998. Another is that each state grant must be no less than a minimum equal to 0.5% of the total amount available for state grants, subject to a special rule adjustment.

H.R. 5587 would alter the BSG state allocation formula by making one change from current law: it would remove the FY1998 hold harmless provision and replace it with a provision that would guarantee each state a minimum grant equal to 90% of its prior-year allocation. This change would take effect starting in FY2020.^d

Within-state allocations

Under Perkins IV, each state is allowed to reserve up to 10% of its BSG allocation for CTE activities in rural areas or areas with high numbers of CTE participants.

H.R. 5587 would allow states to reserve up to 15% of their BSG funds for the same uses as in current law, but with the additional requirement that these funds be spent to foster innovation or promote the development of CTE programs of study aligned with in-demand occupations.

Funds for correctional institutions and institutions serving individuals with disabilities

Perkins IV requires that states allocate up to 1% of their BSG funds for the purpose of serving individuals in state correctional institutions and for institutions serving individuals with disabilities.

H.R. 5587 would raise the maximum amount that states can reserve for these purposes to 2% of their BSG allocations.

State and Local Plan Provisions

State plan

In order to receive funds under Perkins IV, each state eligible agency must submit a six-year plan to the Secretary of Education. The plan must be developed through public hearings with stakeholders and contain information regarding the state's planned and supported CTE activities.

H.R. 5587 would require each state to submit a four-year plan to the Secretary. In addition to containing information regarding the state's planned and supported CTE activities, the state plan would have to contain the state's strategic vision and set of goals for preparing an educated and skilled workforce, in order to coordinate CTE activities with workforce demands.

State plan approval

Under Perkins IV, the Secretary of Education may disapprove a state plan if it does not meet the requirements of the act, or if the state's performance goals on the core indicators of performance are not sufficiently rigorous.

H.R. 5587 would allow the Secretary to disapprove a state plan only if it does not meet the requirements of the act, and only after giving the state agency notice and an opportunity for a hearing.

Local plan

Under Perkins IV, an eligible recipient at the local level must submit a local plan to the state eligible agency. The local plan contents must include descriptions of a number of aspects of the CTE activities that the local provider plans to carry out using its Perkins funds.

H.R. 5587 would replace the local plan with a local application that would include information on the programs of study that the local recipient plans to support, a description of career guidance activities that the local recipient plans to offer, and a description of planned activities to prepare special populations for high-skill, high-wage, or in-demand occupations.

Additionally, each local recipient would be required to conduct a needs assessment that would evaluate the progress being made by the recipient's CTE program toward reaching its goals. The aim of the needs assessment would be to better align the CTE programs of study that are offered by the local provider with the needs of local employers, especially those offering in-demand occupations.

Accountability and Improvement Provisions

Core indicators of performance at the secondary level

Under Perkins IV, states and local CTE providers must meet goals or targets on a set of core indicators of performance. There are six core indicators of performance at the secondary education level:

• student attainment of state academic performance standards on the mathematics, language arts, and science assessments, as determined by the state in accordance with Title I of the Elementary and Secondary Education Act (ESEA);
• student attainment of career and technical skill proficiencies;
• rates of student attainment of secondary school diplomas; GED credentials or other state-recognized equivalents; and proficiency credentials, certificates, or degrees, in conjunction with a secondary school diploma;
• student graduation rates, as described in Title I of ESEA;
• student placement in postsecondary education or advanced training, military service, or employment; and
• student participation in, and completion of, CTE programs that lead to nontraditional fields.^e

H.R. 5587 would change the core indicators at the secondary education level to the following:

• student attainment of state academic performance standards on the mathematics, language arts, and science assessments, as determined by the state in accordance with Title I of the Elementary and Secondary Education Act (ESEA);
• student placement in postsecondary education or advanced training, military service, or employment;
• percentage of CTE concentrators who graduate high school;
• student participation in CTE programs that lead to nontraditional fields^e; and
• at least one of
• the percentage of CTE concentrators graduating from high school having attained recognized postsecondary credentials,
• the percentage of CTE concentrators graduating from high school having attained postsecondary credits through dual and concurrent enrollment, or
• the percentage of CTE concentrators graduating from high school having participated in work-based learning.

Core indicators of performance at the postsecondary level

Under Perkins IV, the core indicators of performance at the postsecondary education level are

• student attainment of career and technical skill proficiencies;
• student attainment of an industry-recognized credential, a certificate, or a degree;
• student retention in postsecondary education or transfer to a baccalaureate degree program;
• student placement in military service, apprenticeship programs, or employment; and
• student participation in, and completion of, CTE programs that lead to nontraditional fields.^e

H.R. 5587 would adopt the following set of core indicators of performance at the postsecondary education level:

• student placement in education or training activities, advanced training, or unsubsidized employment;
• the median earnings of CTE concentrators in unsubsidized employment two quarters after program completion;
• the percentage of CTE concentrators who receive a recognized postsecondary credential during participation in or within one year of program completion; and
• the percentage of CTE concentrators in CTE programs that lead to nontraditional fields.^e

Adjusted levels of performance

Under Perkins IV, states have to establish annual targets for each of the core indicators of performance. These targets are called adjusted levels of performance and are established through negotiations between the state and the Secretary of Education, with input from local recipients.

H.R. 5587 would allow states to establish their own goals for each of the core indicators of performance, without input from the Secretary. These goals would have to be "sufficiently ambitious to allow for meaningful evaluation of program quality."

State improvement plans

Under Perkins IV, states that do not meet 90% of a state adjusted level of performance for any of the core indicators of performance in a given year are required to develop and implement a program improvement plan during the following year.

If a state fails to implement the plan or fails to show improvement after the plan has been implemented, the Secretary may withhold all or some of the state's leadership or administrative funds. The withheld funds must then be used to provide technical assistance to the state.

H.R. 5587 would keep the requirement for developing and implementing a program improvement plan when a state does not meet 90% of its adjusted levels of performance on at least one core indicator of performance, but the possible consequences of failing to make improvements would be different.

If a state fails to make any improvement following the implementation of the improvement plan, it would then be required to revise the plan and continue to implement it until the 90% threshold on the core indicator of performance is met. The Secretary would not have any authority to withhold funds from the state.

Local improvement plans

Similar to state improvement provisions, a local provider that does not meet at least 90% of its adjusted performance levels on at least one core indicator of performance must also develop a program improvement plan. If no improvement occurs, the state may take away some or all of the local provider's funding and use it to provide CTE services for the affected students through alternative means.

Under H.R. 5587, a local recipient would also be required to implement an improvement plan when not meeting at least 90% of its level of performance for any of the core indicators of performance, but the consequences for not making subsequent improvements would differ.

If the local recipient fails to make any improvement following the implementation of the improvement plan, it would then be required to revise the plan and continue to implement it until the 90% threshold on the core indicator of performance is met. The state would not have any authority to withhold funds from the local recipient.

State and Local Uses of Funds

State leadership funds

Perkins IV contains a list of nine required uses of state leadership funds, including assessment of CTE programs, integration of academics with CTE, professional development for CTE teachers and administrators, support for partnerships with employers, support for special populations and individuals in state institutions, and technical assistance to eligible recipients.

There is also a long list of permissible state leadership activities in current law.

H.R. 5587 would have a list of eight required state leadership activities. These would include support for the development and adoption of statewide programs of study, and establishment of statewide articulation agreements, in addition to a number of the state leadership activities required in current law.

H.R. 5587 also contains a long list of permissible state leadership activities, which has a large overlap with current law.

Local uses of funds

Perkins IV contains a list of eight required activities for Perkins recipients at the local level. These include strengthening the academic skills of CTE students, linking CTE at the secondary and postsecondary levels, providing students with industry experience, expanding the role of technology in CTE, providing professional development activities for CTE teachers, program evaluation, and providing CTE activities for special populations. In addition to these, current law contains a long list of permissible activities at the local level.

H.R. 5587 would require local recipients of funds to provide career exploration activities for CTE students; professional development activities for CTE teachers and administrators; opportunities for CTE students to develop skills necessary to pursue high-skill, high-wage occupations; integration of academic skills into CTE programs of study; and any other activities to improve CTE programs and support the implementation of programs of study. No additional permissible activities are specified in H.R. 5587.

Additionally, under H.R. 5587 local recipients would be able to pool their funds with other local recipients to carry out professional development activities.

National Activities

Single plan for research and evaluation at the federal level

Current law allows the Secretary of Education to carry out research, development, dissemination, evaluation, and assessment of CTE programs. The Secretary is required to develop a single plan for these activities.

Under H.R. 5587, the Secretary would be required to carry out (directly through grants) research, development, evaluation, and other activities and would be required to create a single plan for these activities in consultation with, or acting through, the Director of the Institute for Education Sciences (IES).

Evaluation

Perkins IV directs the Secretary of Education to carry out an independent evaluation and assessment of CTE activities offered under this act.

H.R. 5587 would direct the Secretary, acting through the Director of the IES, to carry out annual research and evaluation initiatives aligned with the plan for research and evaluation. These initiatives would have to include evaluations of topics such as preparation of students for employment in high-skill, high-wage occupations; implementation of programs of study; the impact made by changes to the Perkins program introduced in this act, including local needs assessments, coordination with other laws, and accountability provisions; and changes in student enrollment patterns.

Innovation grant program

Not applicable.

H.R. 5587 would introduce a grant program aimed at identifying and supporting innovative strategies and activities to improve CTE and align workforce skills with labor market needs. Grant funds would go to consortia of at least two CTE providers.

Prohibitions

Local control

Section 8 of Perkins IV contains prohibitions that preclude the federal government from mandating or controlling state, local, or school curricula.

H.R. 5587 would continue to include such prohibitions and would include additional prohibitions related to instructional content, academic standards and assessments, and the Common Core State Standards.

General Provisions

Maintenance of Effort (MOE)

The MOE provision in Perkins IV states that, in order to receive funds, a state's CTE expenditures per student or aggregate CTE expenditures for the preceding fiscal year must be equal to or greater than the corresponding expenditures from the fiscal year before that. However, if total appropriations for Perkins IV decrease by a certain percentage, states may decrease their CTE expenditures by the same percentage. The Secretary of Education may reduce the MOE requirement by at most 5% for one fiscal year in case of exceptional circumstances.

H.R. 5587 also contains a MOE requirement and definition, but it would allow states to establish a new baseline for measuring their efforts based on a state's fiscal effort per student or aggregate CTE expenditures for the first full fiscal year following its enactment.

Under H.R. 5587, a state's allotment of Perkins funds would be reduced by the same proportion by which the state failed to meet its MOE requirement. This would occur if the state fell below 90% of both its fiscal effort per student and its aggregate CTE expenditures for one or more of the five most recent fiscal years. The Secretary would be able to waive this provision under exceptional circumstances.

Evaluation of programs of study

No related provision exists.

H.R. 5587 would authorize the Comptroller General of the United States to conduct a study to evaluate the effectiveness of programs funded by Perkins in successfully helping students in pursuing and completing programs of study aligned to high-skill, high-wage occupations.

Selected Revised Definitions

Area career and technical education school

Perkins IV requires an area CTE school to provide CTE courses in at least five different occupational fields.

H.R. 5587 would lower that requirement to at least three different occupational fields, especially in in-demand sectors or occupations.

Career and technical education

In Perkins IV, the term "career and technical education" refers to organized educational activities that

• offer a sequence of courses that
• provide individuals with technical skills and knowledge needed to prepare for further education and careers in current or emerging professions;
• are aligned with challenging academic standards;
• provide technical skill proficiency, an industry recognized credential, a certificate, or an associate degree; and
• may include prerequisite courses; and
• include competency-based applied learning that helps students develop technical and occupation-specific skills and knowledge of all aspects of an industry.

H.R. 5587 would revise and expand this definition. It would require that the sequence of courses comprising a CTE program at the secondary education level be aligned with state-adopted academic standards under Section 1111(b)(1) of ESEA. Such a sequence of courses would have to provide students with technical skill proficiency or "a recognized postsecondary credential which may include an industry-recognized credential."

The section on competency-based applied learning would also include "work-based learning," which is defined later in the bill.

The definition of CTE in H.R. 5587 contains two additional clauses. Under H.R. 5587, CTE activities

• would require coordination between secondary and postsecondary education programs, which may include early college programs with articulation agreements, dual or concurrent enrollment programs, or programs of study; and
• may include career exploration at the middle and high school levels.

Career guidance and academic counseling

Under Perkins IV, the definition of "career guidance and academic counseling" includes providing students and parents with information regarding career options, financial aid, and postsecondary options.

H.R. 5587 would expand this definition to include providing students, parents, and out-of-school youth with information regarding career options, financial aid, job training, secondary and postsecondary options, work-based learning opportunities, and support services.

Special populations

Under Perkins IV, the definition of "special populations" includes the following groups:

• individuals with disabilities;
• individuals from economically disadvantaged families;
• foster children;
• individuals preparing for non-traditional fields;
• single parents, including single pregnant women;
• displaced homemakers; and
• individuals with limited English proficiency.

H.R. 5587 would add the following groups to the definition:

• youth who have aged out of the foster care system;
• homeless individuals; and
• a youth with a parent who is an active-duty member of the Armed Forces.
• It would also replace "individuals with limited English proficiency" with "English learners," reflecting a corresponding change in terminology used in ESEA.

Selected New Definitions

Career pathways

Under H.R. 5587, the term "career pathways" would have the meaning given that term in Section 3 of the Workforce Innovation and Opportunity Act (WIOA).^f

CTE concentrator

Perkins IV did not define the term "CTE concentrator," but it did issue non-regulatory guidance^g that contained a suggested definition that was very similar to the definition proposed in H.R. 5587.

H.R. 5587 would define a "CTE concentrator" as

"(A) at the secondary school level, a student served by an eligible recipient who has—

(i) completed 3 or more career and technical education courses; or

(ii) completed at least 2 courses in a single career and technical education program or program of study; or

(B) at the postsecondary level, a student enrolled in an eligible recipient who as—

(i) earned at least 12 cumulative credits within a career and technical education program or program of study; or

(ii) completed such a program if the program encompasses fewer than 12 credits or the equivalent in total."

CTE participant

Perkins IV did not define the term "CTE participant," but it did issue non-regulatory guidance^g that contained a suggested definition that was very similar to the definition proposed in H.R. 5587.

H.R. 5587 would define a "CTE participant" as "an individual who completes not less than one course or earns not less than one credit in a career and technical education program or program of study of an eligible recipient."

Dual or concurrent enrollment

Under H.R. 5587, the term "dual or concurrent enrollment" has the meaning given this term in Section 8101 of ESEA.

Early college high school

Under H.R. 5587, the term "early college high school" has the meaning given this term in Section 8101 of ESEA.

Eligible entity

H.R. 5587 would define the term "eligible entity" as a consortium that

"(A) Shall include at least two of the following:

(i) a local educational agency;

(ii) an educational service agency;

(iii) an eligible institution;

(iv) an area career and technical education school;

(v) a State educational agency; or

(vi) the Bureau of Indian Education; and

(B) may include regional, State, or local public or private organizations, including a community-based organization, one or more employers, or a qualified intermediary; and

(C) is led by an entity or partnership of entities described in subparagraph (A)."

In-demand industry sector or occupation

Under H.R. 5587, the term "in-demand industry sector or occupation" would have the meaning given this term in Section 3 of WIOA.

Industry or sector partnership

Under H.R. 5587, the term "industry or sector partnership" would have the meaning given this term in Section 3 of WIOA.

Local workforce development board

Under H.R. 5587, the term "local workforce development board" would have the meaning given this term in Section 107 of WIOA.

Out-of-school youth

Under H.R. 5587, the term "out-of-school youth" would have the meaning given this term in Section 3 of WIOA.

Program of study

While Perkins IV did not contain a full definition of a "program of study," it did include a description of what a program of study must include. Under Perkins IV, a program of study must incorporate secondary and postsecondary education elements; include rigorous CTE content aligned with challenging academic standards; and lead to an industry-recognized credential, an associate or baccalaureate degree, or a certificate at the postsecondary level. It may also include opportunities for students to participate in dual or concurrent enrollment programs.

Under H.R. 5587, a program of study would be a "coordinated, non-duplicative sequence of secondary and postsecondary academic and technical content." It would have to

• incorporate state academic standards, including those adopted by the state under ESEA;
• be aligned with state workforce needs;
• address both academic and technical skills;
• have multiple entry and exit points that incorporate credentialing; and
• culminate in the attainment of a recognized postsecondary credential.

Work-based learning

H.R. 5587 would define "work-based learning" as sustained interactions with industry or community professionals in real workplace settings, to the extent practicable, or simulated environments at an educational institution that foster in-depth, first-hand engagement with the tasks required of a given career field, that are aligned to curriculum and instruction.

Fiscal Year

Basic State Grants
(Title I)

National Programs (Section 114)

Tribally Controlled Postsecondary Career and Technical Institutions
(Section 117)

Total

2015

1,117,598

7,421

7,705

1,132,724

2016

1,117,598

7,421

8,286

1,133,305

2017

1,133,002

7,523

8,400

1,148,925

2018

1,148,618

7,627

8,516

1,164,761

2019

1,164,450

7,732

8,633

1,180,815

2020

1,180,500

7,839

8,752

1,197,091

2021

1,196,771

7,947

8,873

1,213,591

2022

1,213,266

8,056

8,995

1,230,317