20 U.S.C. § 2323 — Accountability

Page 1065 TITLE 20—EDUCATION § 2323 (B) promote the development, implementa- tion, and adoption of programs of study or career pathways aligned with State-identi- fied high-skill, high-wage, or in-demand oc- cupations or industries. (Pub. L. 88–210, title I, § 112, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 695; amend- ed Pub. L. 115–224, title I, § 111, July 31, 2018, 132 Stat. 1579.) Editorial Notes PRIOR PROVISIONS A prior section 2322, Pub. L. 88–210, title I, § 112, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3086, related to allocations within States, prior to the gen- eral amendment of this chapter by Pub. L. 109–270. Another prior section 2322, Pub. L. 88–210, title I, § 112, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2443; amended Pub. L. 99–159, title VII, § 703, Nov. 22, 1985, 99 Stat. 905; Pub. L. 101–392, title I, § 112, Sept. 25, 1990, 104 Stat. 765; Pub. L. 102–367, title VI, § 601(b)(1), Sept. 7, 1992, 106 Stat. 1102, related to State councils on voca- tional education, prior to the general amendment of this chapter by Pub. L. 105–332. AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–224, § 111(1)(A), sub- stituted ‘‘15 percent’’ for ‘‘10 percent’’. Subsec. (a)(2)(A). Pub. L. 115–224, § 111(1)(B)(i), sub- stituted ‘‘2 percent’’ for ‘‘1 percent’’, ‘‘State correc- tional institutions, juvenile justice facilities, and edu- cational institutions’’ for ‘‘State correctional institu- tions and institutions’’, and ‘‘disabilities;’’ for ‘‘disabil- ities; and’’. Subsec. (a)(2)(C). Pub. L. 115–224, § 111(1)(B)(ii), added subpar. (C). Subsec. (a)(3)(B). Pub. L. 115–224, § 111(1)(C), sub- stituted ‘‘local applications;’’ for ‘‘a local plan;’’. Subsec. (c). Pub. L. 115–224, § 111(2), substituted ‘‘sec- tion 2355 of this title—’’ for ‘‘section 2355 of this title in—’’, added pars. (1) and (2), and struck out former pars. (1) to (3) which read as follows: ‘‘(1) rural areas; ‘‘(2) areas with high percentages of career and tech- nical education students; and ‘‘(3) areas with high numbers of career and technical education students.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title. § 2323. Accountability (a) Purpose The purpose of this section is to establish and support State and local performance account- ability systems, comprised of the activities de- scribed in this section, to assess the effective- ness of the State and the eligible recipients of the State in achieving statewide progress in ca- reer and technical education, and to optimize the return of investment of Federal funds in ca- reer and technical education activities. (b) State determined performance measures (1) In general Each eligible agency, with input from eligi- ble recipients, shall establish State deter- mined performance measures for a State that consist of— (A) the core indicators of performance de- scribed in subparagraphs (A) and (B) of para- graph (2); and (B) a State determined level of perform- ance described in paragraph (3)(A) for each core indicator of performance. (2) Indicators of performance (A) Core indicators of performance for CTE concentrators at the secondary level Each eligible agency shall identify in the State plan core indicators of performance for CTE concentrators at the secondary level that are valid and reliable, and that include, at a minimum, measures of each of the fol- lowing: (i) The percentage of CTE concentrators who graduate high school, as measured by— (I) the four-year adjusted cohort grad- uation rate (defined in section 7801 of this title); and (II) at the State’s discretion, the ex- tended-year adjusted cohort graduation rate defined in such section 7801. (ii) CTE concentrator proficiency in the challenging State academic standards adopted by the State under section 6311(b)(1) of this title, as measured by the academic assessments described in section 6311(b)(2) of this title. (iii) The percentage of CTE concentra- tors who, in the second quarter after exiting from secondary education, are in postsecondary education or advanced training, military service or a service pro- gram that receives assistance under title I of the National and Community Service Act of 1990 (42 U.S.C. 12511 et seq.), are vol- unteers as described in section 2504(a) of title 22, or are employed. (iv) Indicators of career and technical education program quality as follows: (I) That shall include at least 1 of the following: (aa) The percentage of CTE con- centrators graduating from high school having attained a recognized postsec- ondary credential. (bb) The percentage of CTE con- centrators graduating from high school having attained postsecondary credits in the relevant career and technical education program or program of study earned through a dual or concurrent enrollment program or another credit transfer agreement. (cc) The percentage of CTE con- centrators graduating from high school having participated in work-based learning. (II) That may include any other meas- ure of student success in career and tech- nical education that is statewide, valid, and reliable, and comparable across the State. (v) The percentage of CTE concentrators in career and technical education pro- grams and programs of study that lead to non-traditional fields. Page 1066 TITLE 20—EDUCATION § 2323 (B) Core indicators of performance for CTE concentrators at the postsecondary level Each eligible agency shall identify in the State plan core indicators of performance for CTE concentrators at the postsecondary level that are valid and reliable, and that in- clude, at a minimum, measures of each of the following: (i) The percentage of CTE concentrators who, during the second quarter after pro- gram completion, remain enrolled in post- secondary education, are in advanced training, military service, or a service pro- gram that receives assistance under title I of the National and Community Service Act of 1990 (42 U.S.C. 12511 et seq.), are vol- unteers as described in section 2504(a) of title 22, or are placed or retained in em- ployment. (ii) The percentage of CTE concentrators who receive a recognized postsecondary credential during participation in or with- in 1 year of program completion. (iii) The percentage of CTE concentra- tors in career and technical education pro- grams and programs of study that lead to non-traditional fields. (C) Alignment of performance indicators In developing core indicators of perform- ance under subparagraphs (A) and (B), an eli- gible agency shall, to the greatest extent possible, align the indicators so that sub- stantially similar information gathered for other State and Federal programs, or for any other purpose, may be used to meet the re- quirements of this section. (3) State determined levels of performance (A) State determined levels of performance for core indicators of performance (i) In general (I) Levels determined by the eligible agency Each eligible agency, with input from eligible recipients, shall establish in the State plan submitted under section 2342 of this title, for each year covered by the State plan, State determined levels of performance for each of the core indica- tors described under subparagraphs (A) and (B) of paragraph (2) for career and technical education activities authorized under this subchapter. The level of per- formance for a core indicator shall be the same for all CTE concentrators in the State. (II) Technical assistance The Secretary may assist an eligible agency in establishing the State deter- mined levels of performance under this subparagraph only at the request of that eligible agency. (III) Requirements Such State determined levels of per- formance shall, at a minimum— (aa) be expressed in a percentage or numerical form, so as to be objective, quantifiable, and measurable; (bb) require the State to continually make meaningful progress toward im- proving the performance of all career and technical education students, in- cluding the subgroups of students de- scribed in section 6311(h)(1)(C)(ii) of this title, and special populations, as described in section 2302(48) of this title; and (cc) have been subject to the public comment process described in subpara- graph (B), and the eligible agency has provided a written response; (dd) when being adjusted pursuant to clause (ii), take into account how the levels of performance involved com- pare with the State levels of perform- ance established for other States, con- sidering factors including the charac- teristics of actual (as opposed to an- ticipated) CTE concentrators when the CTE concentrators entered the pro- gram, and the services or instruction to be provided; (ee) when being adjusted pursuant to clause (ii), be higher than the average actual performance of the 2 most re- cently completed program years, ex- cept in the case of unanticipated cir- cumstances that require revisions in accordance with clause (iii); and (ff) take into account the extent to which the State determined levels of performance advance the eligible agen- cy’s goals, as set forth in the State plan. (ii) Allowable adjustment of State deter- mined levels of performance for subse- quent years Prior to the third program year covered by the State plan, each eligible agency may revise the State determined levels of performance for any of the core indicators of performance for the subsequent program years covered by the State plan, and sub- mit the revised State determined levels of performance to the Secretary. If the eligi- ble agency adjusts any levels of perform- ance, the eligible agency shall adjust those levels in accordance with clause (i), and address written comments of stakeholders as described in subparagraph (B). The Sec- retary shall approve those revised levels of performance if those levels meet the re- quirements described in subclause (III) of clause (i). The State determined adjusted levels of performance identified under this clause shall be considered to be the State determined levels of performance for the State for such years and shall be incor- porated into the State plan. (iii) Unanticipated circumstances If unanticipated circumstances arise in a State or changes occur related to improve- ments in data or measurement approaches, the eligible agency, at the end of the pro- gram year, may revise the State deter- mined levels of performance required under this subparagraph. After public com- ment, as described in subparagraph (B), Page 1067 TITLE 20—EDUCATION § 2323 the eligible agency shall submit such re- vised levels of performance to the Sec- retary with evidence supporting the revi- sion. The Secretary shall approve any such revision if that revision meets the require- ments of clause (ii). (B) Public comment (i) In general Each eligible agency shall develop the levels of performance under subparagraph (A) in consultation with the stakeholders identified in section 2342(c)(1)(A) of this title. (ii) Written comments Not less than 60 days prior to submission of the State plan, the eligible agency shall provide such stakeholders with the oppor- tunity to provide written comments to the eligible agency, which shall be included in the State plan, regarding how the levels of performance described under subparagraph (A)— (I) meet the requirements of the law; (II) support the improvement of per- formance of all CTE concentrators, in- cluding subgroups of students, as de- scribed in section 6311(h)(1)(C)(ii) of this title, and special populations, as de- scribed in section 2302(48) of this title; and (III) support the needs of the local edu- cation and business community. (iii) Eligible agency response Each eligible agency shall provide, in the State plan, a written response to the com- ments provided by stakeholders under clause (ii). (C) State report (i) In general Each eligible agency that receives an al- lotment under section 2321 of this title shall annually prepare and submit to the Secretary a report regarding— (I) the progress of the State in achiev- ing the State determined levels of per- formance on the core indicators of per- formance; and (II) the actual levels of performance for all CTE concentrators, and for each of the subgroups of students, as de- scribed in section 6311(h)(1)(C)(ii) of this title, and special populations, as de- scribed in section 2302(48) of this title. (ii) Data Except as provided in subparagraph (E), each eligible agency that receives an allot- ment under section 2321 of this title shall— (I) disaggregate data for each of the in- dicators of performance under paragraph (2)— (aa) for subgroups of students, as de- scribed in section 6311(h)(1)(C)(ii) of this title, and special populations, as described in section 2302(48) of this title, that are served under this chap- ter; and (bb) by the career and technical edu- cation programs or programs of study of the CTE concentrators, except that in a case in which reporting by such program or program of study is im- practical, the data may be disaggregated by the career clusters of the CTE concentrators, if appropriate; (II) identify and quantify any dispari- ties or gaps in performance on the State determined levels of performance under subparagraph (A) between any such sub- group or special population and the per- formance of all CTE concentrators served by the eligible agency under this chapter, which shall include a quantifi- able description of the progress each such subgroup or special population of students served by the eligible agency under this chapter has made in meeting the State determined levels of perform- ance; and (III) for CTE concentrators described in paragraph (2)(A)(iii) and paragraph (2)(B)(i), disaggregate data, to the extent such data is available, by each of the fol- lowing: (aa) Individuals enrolled in postsec- ondary education (disaggregated by postsecondary award level, including certificate, associate, or baccalaureate degree). (bb) Individuals in advanced train- ing. (cc) Individuals in military service or a service program that receives assist- ance under title I of the National and Community Service Act of 1990 (42 U.S.C. 12511 et seq.) or volunteers as described in section 2504(a) of title 22. (dd) Individuals in employment (in- cluding those individuals who are em- ployed in a high-skill, high-wage, or in-demand sector or occupation). (iii) Nonduplication The Secretary shall ensure that each eli- gible agency does not report duplicative information under this section. (iv) Information dissemination The Secretary shall— (I) make the information contained in such reports available to the general public through a variety of formats, in- cluding electronically through the Inter- net; (II) disseminate State-by-State com- parisons of the information contained in such reports; and (III) provide the appropriate commit- tees of Congress with copies of such re- ports. (D) State dissemination of actual levels of performance At the end of each program year, the eligi- ble agency shall disseminate the actual lev- els of performance described in subparagraph (C)(i)(II)— (i) widely, including to students, parents, and educators; (ii) through a variety of formats, includ- ing electronically through the Internet; and Page 1068 TITLE 20—EDUCATION § 2323 1 So in original. There is no cl. (iv). (iii) in user-friendly formats and lan- guages that are easily accessible, as deter- mined by the eligible agency. (E) Rules for reporting data The disaggregation of data under this paragraph shall not be required when the number of students in a category is insuffi- cient to yield statistically reliable informa- tion or when the results would reveal per- sonally identifiable information about an in- dividual student. (4) Local levels of performance (A) Local levels of performance for core indi- cators of performance (i) In general Each eligible recipient shall agree to ac- cept the State determined levels of per- formance for each year of the plan estab- lished under paragraph (3) as local levels of performances, or negotiate with the State to reach agreement on new local levels of performance, for each of the core indica- tors of performance described in subpara- graphs (A) and (B) of paragraph (2) for ca- reer and technical education activities au- thorized under this subchapter. The levels of performance established under this sub- paragraph shall, at a minimum— (I) be expressed in a percentage or nu- merical form, consistent with the form expressed in the State determined levels, so as to be objective, quantifiable, and measurable; (II) require the eligible recipient to continually make meaningful progress toward improving the performance of all CTE concentrators, including subgroups of students described in section 6311(h)(1)(C)(ii) of this title and special populations, as described in section 2302(48) of this title; (III) when being adjusted as described in clause (iii), be higher than the average actual performance levels of the previous 2 program years, except in a case in which unanticipated circumstances arise with respect to the eligible recipient and that eligible recipient meets the require- ments for revisions under clause (iv); (IV) when being adjusted as described in clause (iii), take into account how the local levels of performance compare with the local levels of performance estab- lished for other eligible recipients, con- sidering factors including the character- istics of actual (as opposed to antici- pated) CTE concentrators at the time those CTE concentrators entered the program, and the services or instruction to be provided; and (V) set the local levels of performance using valid and reliable data that meas- ures— (aa) the differences within the State in actual economic conditions (includ- ing differences in unemployment rates and job losses or gains in particular in- dustries); and (bb) the abilities of the State and the eligible recipient to collect and access valid, reliable, and cost-effective data. (ii) Identification in the local application Each eligible recipient shall identify, in the local application submitted under sec- tion 2354 of this title, levels of perform- ance for each of the core indicators of per- formance for each of the program years covered by the local application. (iii) Allowable adjustments of local levels of performance for subsequent years Prior to the third program year covered by the local application, the eligible re- cipient may, if the eligible recipient reaches an agreement with the eligible agency, adjust the local levels of perform- ance for any of the core indicators of per- formance for the subsequent program years covered by the local application, in accordance with that agreement and with this subparagraph. The local adjusted lev- els of performance agreed to under this clause shall be considered to be the local levels of performance for the eligible re- cipient for such years and shall be incor- porated into the local application. (v) 1 Revisions If unanticipated circumstances arise, or changes occur related to improvements in data or measurement approaches, the eli- gible recipient may request that the local levels of performance agreed to under clauses (i) and (iii) be revised. The eligible agency shall issue objective criteria and methods for making such revisions. (B) Local report (i) Content of report Each eligible recipient that receives an allocation described in section 2322 of this title shall annually prepare and submit to the eligible agency a report, which shall include the data on the actual perform- ance levels described in clause (ii), includ- ing the progress of such recipient in achieving the local levels of performance on the core indicators of performance. (ii) Data Except as provided in clauses (iii) and (iv), each eligible recipient that receives an allocation described in section 2322 of this title shall— (I) disaggregate data for each of the in- dicators of performance under paragraph (2) for the subgroups of students de- scribed in section 6311(h)(1)(C)(ii) of this title and section 2302(48) of this title that are served under this chapter; (II) identify and quantify any dispari- ties or gaps in performance, as described in paragraph 3(C)(ii)(II), between any such category of students as described in subclause (I) (including special popu- lations) and the performance of all CTE concentrators served by the eligible re- cipient under this chapter. (III) disaggregate data by the career and technical education programs or programs of study of the CTE concentra- Page 1069 TITLE 20—EDUCATION § 2323 tors, except that in a case in which re- porting by such program or program of study is impractical, the data may be disaggregated by the career clusters of the CTE concentrators, if appropriate; and (IV) for CTE concentrators described in paragraph (2)(A)(iii) and paragraph (2)(B)(i), disaggregate data, to the extent such data is available, by each of the fol- lowing: (aa) Individuals enrolled in postsec- ondary education (disaggregated by postsecondary award level, including certificate, associate, or baccalaureate degree). (bb) Individuals in advanced train- ing. (cc) Individuals in military service or a service program that receives assist- ance under title I of the National and Community Service Act of 1990 (42 U.S.C. 12511 et seq.) or volunteers as described in section 2504(a) of title 22. (dd) Individuals in employment (in- cluding those individuals who are em- ployed in a high-skill, high-wage, or in-demand sector or occupation). (iii) Nonduplication The eligible agency shall ensure, in a manner that is consistent with the actions of the Secretary under paragraph (3)(C)(iii), that each eligible recipient does not report duplicative information under this section. (iv) Rules for reporting of data The disaggregation of data under this paragraph shall not be required when the number of students in a category is insuffi- cient to yield statistically reliable infor- mation or when the results would reveal personally identifiable information about an individual student. (v) Availability The report described in clause (i) shall be made available by the eligible recipient through a variety of formats, including electronically through the Internet, to students, parents, educators, and the pub- lic, and the information contained in such report shall be in a format that is under- standable and uniform, and to the extent practicable, provided in a language that students, parents, and educators can un- derstand. (Pub. L. 88–210, title I, § 113, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 696; amend- ed Pub. L. 114–95, title IX, § 9215(n)(3), Dec. 10, 2015, 129 Stat. 2169; Pub. L. 115–224, title I, § 112, July 31, 2018, 132 Stat. 1579.) Editorial Notes REFERENCES IN TEXT The National and Community Service Act of 1990, re- ferred to in subsec. (b)(2)(A)(iii), (B)(i), (3)(C)(ii)(III)(cc), (4)(B)(ii)(IV)(cc), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127. Title I of the Act is classified principally to subchapter I (§ 12511 et seq.) of chapter 129 of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 12501 of Title 42 and Tables. PRIOR PROVISIONS A prior section 2323, Pub. L. 88–210, title I, § 113, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3087, related to accountability, prior to the general amend- ment of this chapter by Pub. L. 109–270. Another prior section 2323, Pub. L. 88–210, title I, § 113, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2445; amended Pub. L. 99–159, title VII, §§ 704, 713(a)(1), (2), Nov. 22, 1985, 99 Stat. 905, 907; Pub. L. 101–392, title I, § 113, Sept. 25, 1990, 104 Stat. 766; Pub. L. 101–476, title IX, § 901(a)(2), Oct. 30, 1990, 104 Stat. 1142; Pub. L. 103–382, title III, § 391(s)(2), Oct. 20, 1994, 108 Stat. 4024, required submission of State plans, prior to the general amendment of this chapter by Pub. L. 105–332. AMENDMENTS 2018—Subsec. (b). Pub. L. 115–224, § 112(1)(A), inserted ‘‘determined’’ after ‘‘State’’ in heading. Subsec. (b)(1). Pub. L. 115–224, § 112(1)(B)(i), inserted ‘‘State determined’’ before ‘‘performance’’ in introduc- tory provisions. Subsec. (b)(1)(B), (C). Pub. L. 115–224, § 112(1)(B)(ii)–(iv), redesignated subpar. (C) as (B), sub- stituted ‘‘a State determined level of performance’’ for ‘‘a State adjusted level of performance’’ and struck out ‘‘, and State levels of performance described in para- graph (3)(B) for each additional indicator of perform- ance’’ before period at end, and struck out former sub- par. (B) which read as follows: ‘‘any additional indica- tors of performance (if any) identified by the eligible agency under paragraph (2)(C); and’’. Subsec. (b)(2). Pub. L. 115–224, § 112(1)(C), added par. (2) and struck out former par. (2) which described var- ious indicators of performance. Subsec. (b)(3). Pub. L. 115–224, § 112(1)(D)(i), inserted ‘‘determined’’ after ‘‘State’’ in heading. Subsec. (b)(3)(A). Pub. L. 115–224, § 112(1)(D)(ii), amended subpar. (A) generally. Prior to amendment, subpar. (A) related to State adjusted levels of perform- ance for core indicators of performance. Subsec. (b)(3)(B). Pub. L. 115–224, § 112(1)(D)(iii), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: ‘‘Each eligible agency shall identify in the State plan State levels of perform- ance for each of the additional indicators of perform- ance described in paragraph (2)(C). Such levels shall be considered to be the State levels of performance for purposes of this subchapter.’’ Subsec. (b)(3)(C) to (E). Pub. L. 115–224, § 112(1)(D)(iv), added subpars. (C) to (E). Subsec. (b)(4)(A). Pub. L. 115–224, § 112(1)(E)(i)(I), struck out ‘‘adjusted’’ before ‘‘levels of performance’’ in heading. Subsec. (b)(4)(A)(i). Pub. L. 115–224, § 112(1)(E)(i)(III)(aa), in introductory provisions, sub- stituted ‘‘State determined levels of performance for each year of the plan’’ for ‘‘State adjusted levels of per- formance’’ and substituted ‘‘local levels’’ for ‘‘local ad- justed levels’’ in two places. Subsec. (b)(4)(A)(i)(I). Pub. L. 115–224, § 112(1)(E)(i)(III)(bb), substituted ‘‘consistent with the form expressed in the State determined levels, so as’’ for ‘‘consistent with the State levels of performance es- tablished under paragraph (3), so as’’ and struck out ‘‘and’’ at end. Subsec. (b)(4)(A)(i)(II). Pub. L. 115–224, § 112(1)(E)(i)(III)(cc), substituted ‘‘continually make meaningful progress toward improving the performance of all CTE concentrators, including subgroups of stu- dents described in section 6311(h)(1)(C)(ii) of this title and special populations, as described in section 2302(48) of this title;’’ for ‘‘continually make progress toward improving the performance of career and technical edu- cation students.’’ Subsec. (b)(4)(A)(i)(III) to (V). Pub. L. 115–224, § 112(1)(E)(i)(III)(dd), added subcls. (III) to (V). Page 1070 TITLE 20—EDUCATION § 2324 Subsec. (b)(4)(A)(ii). Pub. L. 115–224, § 112(1)(E)(i)(IV)(aa), (cc), substituted ‘‘application’’ for ‘‘plan’’ in heading and ‘‘each of the’’ for ‘‘the first 2’’ in text. Pub. L. 115–224, § 112(1)(E)(i)(IV)(bb), which directed substitution of ‘‘application’’ for ‘‘plan’’, was executed by making the substitution both places it appeared to reflect the probable intent of Congress. Subsec. (b)(4)(A)(iii). Pub. L. 115–224, § 112(1)(E)(i)(V), amended cl. (iii) generally. Prior to amendment, text read as follows: ‘‘Prior to the third and fifth program years covered by the local plan, the eligible agency and each eligible recipient shall reach agreement on the local adjusted levels of performance for each of the core indicators of performance for the corresponding subse- quent program years covered by the local plan, taking into account the factors described in clause (v). The local adjusted levels of performance agreed to under this clause shall be considered to be the local adjusted levels of performance for the eligible recipient for such years and shall be incorporated into the local plan.’’ Pub. L. 115–224, § 112(1)(E)(i)(II), redesignated cl. (iv) as (iii) and struck out former cl. (iii). Prior to amend- ment, text of cl. (iii) read as follows: ‘‘The eligible agency and each eligible recipient shall reach agree- ment, as described in clause (i), on the eligible recipi- ent’s levels of performance for each of the core indica- tors of performance for the first 2 program years cov- ered by the local plan, taking into account the levels identified in the local plan under clause (ii) and the fac- tors described in clause (v). The levels of performance agreed to under this clause shall be considered to be the local adjusted levels of performance for the eligible recipient for such years and shall be incorporated into the local plan prior to the approval of such plan.’’ Subsec. (b)(4)(A)(iv). Pub. L. 115–224, § 112(1)(E)(i)(II), redesignated cl. (iv) as (iii). Subsec. (b)(4)(A)(v), (vi). Pub. L. 115–224, § 112(1)(E)(i)(II), (VI), redesignated cl. (vi) as (v), sub- stituted ‘‘If unanticipated circumstances arise, or changes occur related to improvements in data or measurement approaches, the eligible recipient may re- quest that the local levels of performance agreed to under clauses (i) and (iii) be revised.’’ for ‘‘If unantici- pated circumstances arise with respect to an eligible recipient resulting in a significant change in the fac- tors described in clause (v), the eligible recipient may request that the local adjusted levels of performance agreed to under clause (iii) or (iv) be revised.’’, and struck out former cl. (v) which set out factors the agreements in this subpar. were to take into account. Subsec. (b)(4)(B). Pub. L. 115–224, § 112(1)(E)(ii), redes- ignated subpar. (C) as (B) and struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as fol- lows: ‘‘Each eligible recipient may identify, in the local plan, local levels of performance for any additional in- dicators of performance described in paragraph (2)(C). Such levels shall be considered to be the local levels of performance for purposes of this subchapter.’’ Subsec. (b)(4)(B)(i). Pub. L. 115–224, § 112(1)(E)(iii)(I), substituted ‘‘the data on the actual performance levels described in clause (ii), including the progress of such recipient in achieving the local levels of performance’’ for ‘‘the data described in clause (ii)(I), regarding the progress of such recipient in achieving the local ad- justed levels of performance’’. Subsec. (b)(4)(B)(ii)(I). Pub. L. 115–224, § 112(1)(E)(iii)(II)(aa), substituted ‘‘section 6311(h)(1)(C)(ii)’’ for ‘‘section 6311(h)(1)(C)(i)’’ and ‘‘sec- tion 2302(48)’’ for ‘‘section 2302(29)’’ and struck out ‘‘and’’ at end. Subsec. (b)(4)(B)(ii)(II). Pub. L. 115–224, § 112(1)(E)(iii)(II)(bb)(AA)–(CC), inserted ‘‘, as described in paragraph 3(C)(ii)(II),’’ after ‘‘gaps in performance’’ and ‘‘as described in subclause (I) (including special populations)’’ after ‘‘category of students’’ and sub- stituted ‘‘all CTE concentrators’’ for ‘‘all students’’. Subsec. (b)(4)(B)(ii)(III), (IV). Pub. L. 115–224, § 112(1)(E)(iii)(II)(bb)(DD), added subcls. (III) and (IV). Subsec. (b)(4)(B)(iii). Pub. L. 115–224, § 112(1)(E)(iii)(III), substituted ‘‘paragraph (3)(C)(iii)’’ for ‘‘subsection (c)(3)’’. Subsec. (b)(4)(B)(iv). Pub. L. 115–224, § 112(1)(E)(iii)(IV), substituted ‘‘this paragraph’’ for ‘‘clause (ii)’’. Subsec. (b)(4)(B)(v). Pub. L. 115–224, § 112(1)(E)(iii)(V), added cl. (v) and struck out former cl. (v). Prior to amendment, text read as follows: ‘‘The report described in clause (i) shall be made available to the public through a variety of formats, including electronically through the Internet.’’ Subsec. (b)(4)(C). Pub. L. 115–224, § 112(1)(E)(ii), redes- ignated subpar. (C) as (B). Subsec. (c). Pub. L. 115–224, § 112(2), struck out subsec. (c) which related to annual reports from eligible agen- cies receiving allotments. 2015—Subsec. (b)(2)(A)(i). Pub. L. 114–95, § 9215(n)(3)(A)(i), added cl. (i) and struck out former cl. (i) which read as follows: ‘‘Student attainment of chal- lenging academic content standards and student aca- demic achievement standards, as adopted by a State in accordance with section 6311(b)(1) of this title and measured by the State determined proficient levels on the academic assessments described in section 6311(b)(3) of this title.’’ Subsec. (b)(2)(A)(iv). Pub. L. 114–95, § 9215(n)(3)(A)(ii), substituted ‘‘(as described in section 6311(c)(4)(A)(i)(I)(bb) of this title)’’ for ‘‘(as described in section 6311(b)(2)(C)(vi) of this title)’’. Subsec. (b)(4)(C)(ii)(I). Pub. L. 114–95, § 9215(n)(3)(B), substituted ‘‘subgroups’’ for ‘‘categories’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 2324. National activities (a) Program performance information (1) In general The Secretary shall, in consultation with the Director, collect performance information about, and report on, the condition of career and technical education and on the effective- ness of State and local programs, services, and activities carried out under this subchapter in order to provide the Secretary and Congress, as well as Federal, State, local, and tribal agencies, with information relevant to im- provement in the quality and effectiveness of career and technical education. The Secretary shall report annually to Congress on the Sec- retary’s aggregate analysis of performance in- formation collected each year pursuant to this subchapter from eligible agencies under sec- tion 2323(b)(3)(C) of this title, including an analysis of performance data regarding special populations. (2) Compatibility The Secretary shall, to the extent feasible, ensure that the performance information sys- tem is compatible with other Federal informa- tion systems. (3) Assessments As a regular part of its assessments, the Na- tional Center for Education Statistics shall