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20 U.S.C. § 2393 — Improvement plans
Federal law — U.S. Code and appendices · legal_authorities
**(a) State program improvement**
(1) **Plan** — If a State fails to meet at least 90 percent of the State determined level of performance for any of the core indicators of performance described in 2323(b)(2) 11 So in original. Probably should be preceded by “section”. of this title for all CTE concentrators, the eligible agency shall develop and implement a program improvement plan (that includes an analysis of the performance disparities or gaps identified under [section 2323(b)(3)(C)(ii)(II) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2323/b/3/C/ii/II&num=0&edition=prelim), and actions that will be taken to address such gaps) in consultation with the appropriate agencies, individuals, and organizations during the first program year succeeding the program year for which the eligible agency failed to so meet the State determined level of performance for any of the core indicators of performance.
(2) **Technical assistance** — If the Secretary determines that an eligible agency is not properly implementing the eligible agency’s responsibilities under [section 2342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2342&num=0&edition=prelim), or is not making substantial progress in meeting the purposes of this section, including after implementation of the improvement plan described in paragraph (1),,22 So in original. based on the State determined levels of performance, the Secretary shall work with the eligible agency to implement the improvement activities consistent with the requirements of this chapter.
(3) **Subsequent action**
(A) *In general* — The Secretary may, after notice and opportunity for a hearing, withhold from an eligible agency all, or a portion, of the eligib
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Stable record: federal_law:legal_authorities:record_usc_76c0c21787271ce1b2c57201
Source file: Laws/federal/codes/united-states-code/title-20/section-2393-improvement-plans--52f5cf9dc6.md
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Source location: Title 20, Chapter 44, § 2393; chapter-044-career-and-technical-education.md
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**(a) State program improvement**
(1) **Plan** — If a State fails to meet at least 90 percent of the State determined level of performance for any of the core indicators of performance described in 2323(b)(2) 11 So in original. Probably should be preceded by “section”. of this title for all CTE concentrators, the eligible agency shall develop and implement a program improvement plan (that includes an analysis of the performance disparities or gaps identified under [section 2323(b)(3)(C)(ii)(II) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2323/b/3/C/ii/II&num=0&edition=prelim), and actions that will be taken to address such gaps) in consultation with the appropriate agencies, individuals, and organizations during the first program year succeeding the program year for which the eligible agency failed to so meet the State determined level of performance for any of the core indicators of performance.
(2) **Technical assistance** — If the Secretary determines that an eligible agency is not properly implementing the eligible agency’s responsibilities under [section 2342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2342&num=0&edition=prelim), or is not making substantial progress in meeting the purposes of this section, including after implementation of the improvement plan described in paragraph (1),,22 So in original. based on the State determined levels of performance, the Secretary shall work with the eligible agency to implement the improvement activities consistent with the requirements of this chapter.
(3) **Subsequent action**
(A) *In general* — The Secretary may, after notice and opportunity for a hearing, withhold from an eligible agency all, or a portion, of the eligible agency’s allotment under paragraphs (2) and (3) of [section 2322(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2322/a&num=0&edition=prelim) if the eligible agency—
(i) fails to implement an improvement plan as described in paragraph (1); or
(ii) with respect to any specific core indicator of performance that was identified in a program improvement plan under paragraph (1), fails to meet at least 90 percent of a State determined level of performance for such core indicator for 2 consecutive years after the eligible agency has been identified for improvement under such paragraph.
(B) *Waiver for exceptional circumstances* — The Secretary may waive the sanction in subparagraph (A) due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State.
(4) **Funds resulting from reduced allotments** — The Secretary shall use funds withheld under paragraph (3) for a State served by an eligible agency to provide technical assistance, to assist in the development of an improved State improvement plan, or for other improvement activities consistent with the requirements of this chapter for such State.
(5) **Adjustments prohibited** — An eligible agency shall not be eligible to adjust performance levels while executing an improvement plan under this section.
**(b) Local program improvement**
(1) **Local evaluation** — Each eligible agency shall evaluate annually, using the local levels of performance described in [section 2323(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2323/b/4&num=0&edition=prelim), the career and technical education activities of each eligible recipient receiving funds under this subchapter.
(2) **Plan** — If, after reviewing the evaluation in paragraph (1), the eligible agency determines that an eligible recipient failed to meet at least 90 percent of an agreed upon local level of performance for any of the core indicators of performance described in [section 2323(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2323/b/4&num=0&edition=prelim) for all CTE concentrators, the eligible recipient shall develop and implement a program improvement plan (that includes an analysis of the performance disparities or gaps identified under [section 2323(b)(3)(C)(ii)(II) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2323/b/3/C/ii/II&num=0&edition=prelim), and actions that will be taken to address such gaps) in consultation with local stakeholders described in [section 2354(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2354/d/1&num=0&edition=prelim), the eligible agency, and appropriate agencies, individuals, and organizations during the first program year succeeding the program year for which the eligible recipient failed to so meet any of the local levels of performance for any of the core indicators of performance.
(3) **Technical assistance** — If the eligible agency determines that an eligible recipient is not properly implementing the eligible recipient’s responsibilities under [section 2354 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2354&num=0&edition=prelim), or is not making substantial progress in meeting the purposes of this chapter, based on the local levels of performance, the eligible agency shall work with the eligible recipient to implement improvement activities consistent with the requirements of this chapter.
(4) **Subsequent action**
(A) *In general* — The eligible agency may, after notice and opportunity for a hearing, withhold from the eligible recipient all, or a portion, of the eligible recipient’s allotment under this subchapter if the eligible recipient—
(i) fails to implement an improvement plan as described in paragraph (2); or
(ii) with respect to any specific core indicator of performance that was identified in a program improvement plan under paragraph (2), fails to meet at least 90 percent of the local level of performance for such core indicator for 2 consecutive years after the eligible recipient has been identified for improvement under such paragraph.
(B) *Waiver for exceptional circumstances* — In determining whether to impose sanctions under subparagraph (A), the eligible agency may waive imposing sanctions—
(i) due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the eligible recipient;
(ii) based on the impact on the eligible recipient’s reported performance of the small size of the career and technical education program operated by the eligible recipient; or
(iii) in response to a public request from an eligible recipient, if the eligible agency determines that the requirements described in clause (i) or (ii) have been met.
(5) **Funds resulting from reduced allotments** — The eligible agency shall use funds withheld under paragraph (4) from an eligible recipient to provide (through alternative arrangements) services and activities to students within the area served by such recipient to meet the purposes of this chapter.
(6) **Adjustments prohibited** — An eligible recipient shall not be eligible to adjust performance levels while executing an improvement plan under this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reservations and State allotment**
(1) **Reservations** — From the amount appropriated under [section 2307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2307&num=0&edition=prelim) for each fiscal year, the Secretary shall reserve—
(A) 0.13 percent to carry out [section 2325 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2325&num=0&edition=prelim); and
(B) 1.50 percent to carry out [section 2326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2326&num=0&edition=prelim), of which—
(i) 1.25 percent of the sum shall be available to carry out [section 2326(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2326/b&num=0&edition=prelim); and
(ii) 0.25 percent of the sum shall be available to carry out [section 2326(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2326/h&num=0&edition=prelim).
(2) **Foundational grant**
(A) *In general* — From the remainder of the amount appropriated under [section 2307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2307&num=0&edition=prelim) and not reserved under paragraph (1) for a fiscal year, the Secretary shall allot to a State for the fiscal year an amount equal to the amount the State received in fiscal year 2018.
(B) *Ratable reduction* — If for any fiscal year the amount appropriated for allotments under this section is insufficient to satisfy the provisions of subparagraph (A), the payments to all States under such subparagraph shall be ratably reduced.
(3) **Additional funds** — Subject to paragraph (4), from the additional funds remaining fro
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 2342
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Federal law — U.S. Code and appendices · legal_authorities
No funds received under this chapter may be used to provide career and technical education programs or programs of study to students prior to the the 11 So in original. middle grades (as such term is defined in [section 7801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim)), except that equipment and facilities purchased with funds under this chapter may be used by such students.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grant program** Subject to the availability of appropriations, the Secretary shall make grants under this section, to provide basic support for the education and training of Indian students, to tribally controlled postsecondary career and technical institutions that are not receiving Federal assistance as of the date on which the grant is provided under—
(1) title I of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ([25 U.S.C. 1802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1802&num=0&edition=prelim) et seq.); or
(2) the Navajo Community College Act (Public Law 92–189; 85 Stat. 646).
**(b) Uses of grants** Amounts made available under this section shall be used for career and technical education programs for Indian students and for the institutional support costs of the grant, including the expenses described in subsection (e).
**(c) Amount of grants**
(1) **In general** — If the sums appropriated for any fiscal year for grants under this section are not sufficient to pay in full the total amount which approved applicants are eligible to receive under this section for such fiscal year, the Secretary shall first allocate to each such applicant who received funds under this part for the preceding fiscal year an amount equal to 100 percent of the product of the per capita payment for the preceding fiscal year and such applicant’s Indian student count for the current program year, plus an amount equal to the actual cost of any increase to the per capita figure resulting from inflationary increases to necessary costs beyond the institution’s control.
(2) **Per capita determination** — For the purposes of paragraph (1), the per capita payment for any fiscal year shall be determined by dividing the amount
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 2354
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Federal law — U.S. Code and appendices · legal_authorities
Page 1102
TITLE 20—EDUCATION
§ 2392
(B) Special rule
No such lesser amount shall be used for
computing the effort required under para-
graph (1) for subsequent years.
(3) Waiver
The Secretary may waive paragraph (2) due
to
exceptional
or
uncontrollable
cir-
cumstances affecting the ability of the State
to meet the requirement of paragraph (1) such
as a natural disaster or an unforeseen and pre-
cipitous decline in financial resources. No
level of funding permitted under such a waiver
may be used as the basis for computing the fis-
cal effort or aggregate expenditures required
under this section for years subsequent to the
year covered by such waiver. The fiscal effort
or aggregate expenditures for the subsequent
years shall be computed on the basis of the
level of funding that would, but for such waiv-
er, have been required.
(Pub. L. 88–210, title II, § 211, formerly title III,
§ 311, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006,
120 Stat. 742; renumbered title II, § 211, and
amended Pub. L. 115–224, title II, § 201(a)(1), (5),
(6), July 31, 2018, 132 Stat. 1620, 1621.)
Editorial Notes
PRIOR PROVISIONS
A prior section 2391, Pub. L. 88–210, title III, § 311, as
added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3121,
related to fiscal requirements, prior to the general
amendment of this chapter by Pub. L. 109–270.
Another prior section 2391, Pub. L. 88–210, title III,
§ 331, formerly § 341, as added Pub. L. 98–524, § 1, Oct. 19,
1984, 98 Stat. 2463; renumbered § 331 and amended Pub.
L. 101–392, title III, § 307(a)(2), (c), Sept. 25, 1990, 104
Stat. 787, stated findings of Congress, prior to the gen-
eral amendment of this chapter by Pub. L. 105–332.
AMENDMENTS
2018—Subsec. (a). Pub. L. 115–224, § 201(a)(1)(A), struck
out ‘‘and
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 2393
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