20 U.S.C. § 2343 — Improvement plans

Page 1087 TITLE 20—EDUCATION § 2343 1 So in original. Probably should be preceded by ‘‘section’’. (A) shall have the authority to disapprove a State plan only if the Secretary— (i) determines how the State plan fails to meet the requirements of this chapter; and (ii) provides to the eligible agency, in writing, notice of such determination and the supporting information and rationale to substantiate such determination; and (B) shall not finally disapprove a State plan, except after making the determination and providing the information described in subparagraph (A), and giving the eligible agency notice and an opportunity for a hear- ing. (Pub. L. 88–210, title I, § 122, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 715; amend- ed Pub. L. 113–128, title V, § 512(e)(3), July 22, 2014, 128 Stat. 1706; Pub. L. 114–95, title IX, § 9215(n)(6), Dec. 10, 2015, 129 Stat. 2169; Pub. L. 115–224, title I, § 122, July 31, 2018, 132 Stat. 1600.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(3)(B), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title II of the Act is classified generally to subchapter II (§ 6601 et seq.) of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables. The Higher Education Act of 1965, referred to in sub- sec. (d)(3)(B), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Title II of the Act is classified generally to subchapter II (§ 1021 et seq.) of chapter 28 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. PRIOR PROVISIONS A prior section 2342, Pub. L. 88–210, title I, § 122, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3102, related to State plan, prior to the general amendment of this chapter by Pub. L. 109–270. Another prior section 2342, Pub. L. 88–210, title II, § 235, as added Pub. L. 101–392, title II, § 201, Sept. 25, 1990, 104 Stat. 783, related to uses of funds, prior to the general amendment of this chapter by Pub. L. 105–332. Another prior section 2342, Pub. L. 88–210, title II, § 252, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2457, related to criteria for program improvement, in- novation, and expansion, prior to the general amend- ment of former subchapter II of this chapter by Pub. L. 101–392. AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–224, § 122(1)(A), sub- stituted ‘‘4-year period, consistent with subsection (b) and paragraph (5),’’ for ‘‘6-year period,’’ and ‘‘July 31, 2018’’ for ‘‘August 12, 2006’’. Subsec. (a)(2)(B). Pub. L. 115–224, § 122(1)(B), sub- stituted ‘‘4-year period’’ for ‘‘6-year period’’. Subsec. (a)(3). Pub. L. 115–224, § 122(1)(C), substituted ‘‘(including teachers, faculty, specialized instructional support personnel, paraprofessionals, school leaders, authorized public chartering agencies and charter school leaders (consistent with State law), employers, labor organizations, parents, students, Indian Tribes and Tribal organizations that may be present in the State, and community organizations)’’ for ‘‘(including charter school authorizers and organizers consistent with State law, employers, labor organizations, par- ents, students, and community organizations)’’. Subsec. (a)(4), (5). Pub. L. 115–224, § 122(1)(D), added pars. (4) and (5). Subsecs. (b) to (f). Pub. L. 115–224, § 122(2), added sub- secs. (b) to (f) and struck out former subsecs. (b) to (e) which related to development, contents, options, and approval of State plans. 2015—Subsec. (c)(1)(I)(i). Pub. L. 114–95, § 9215(n)(6)(A), substituted ‘‘aligned with challenging State academic standards adopted by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965’’ for ‘‘aligned with rigorous and challenging aca- demic content standards and student academic achieve- ment standards adopted by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965’’. Subsec. (c)(7)(A)(i). Pub. L. 114–95, § 9215(n)(6)(B), sub- stituted ‘‘a well-rounded education (as defined in sec- tion 8101 of the Elementary and Secondary Education Act of 1965)’’ for ‘‘the core academic subjects (as de- fined in section 9101 of the Elementary and Secondary Education Act of 1965)’’. 2014—Subsec. (b)(1)(A)(viii). Pub. L. 113–128, § 512(e)(3)(A), substituted ‘‘entities participating in ac- tivities described in section 3111 of title 29’’ for ‘‘enti- ties participating in activities described in section 2821 of title 29’’. Subsec. (c)(20). Pub. L. 113–128, § 512(e)(3)(B), sub- stituted ‘‘the description and information specified in subparagraphs (B) and (C)(iii) of section 3112(b)(2), and, as appropriate, section 3113(b)(3)(A), and section 3151(c), of title 29 concerning the provision of services only for postsecondary students and school dropouts’’ for ‘‘the description and information specified in sections 2822(b)(8) and 2841(c) of title 29 concerning the provision of services only for postsecondary students and school dropouts’’. Subsec. (d)(2). Pub. L. 113–128, § 512(e)(3)(C), sub- stituted ‘‘combined plan’’ for ‘‘501 plan’’ in heading and ‘‘as part of the plan submitted under section 3113 of title 29’’ for ‘‘as part of the plan submitted under sec- tion 501 of Public Law 105–220’’ in text. 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. EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. § 2343. Improvement plans (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 de- scribed in 2323(b)(2) 1 of this title for all CTE concentrators, the eligible agency shall de- velop and implement a program improvement plan (that includes an analysis of the perform- ance disparities or gaps identified under sec- tion 2323(b)(3)(C)(ii)(II) of this title, and ac- tions that will be taken to address such gaps) in consultation with the appropriate agencies, Page 1088 TITLE 20—EDUCATION § 2343 2 So in original. 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 eligi- ble agency’s responsibilities under section 2342 of this title, or is not making substantial progress in meeting the purposes of this sec- tion, including after implementation of the improvement plan described in paragraph (1),,2 based on the State determined levels of per- formance, the Secretary shall work with the eligible agency to implement the improve- ment activities consistent with the require- ments of this chapter. (3) Subsequent action (A) In general The Secretary may, after notice and op- portunity for a hearing, withhold from an el- igible agency all, or a portion, of the eligible agency’s allotment under paragraphs (2) and (3) of section 2322(a) of this title if the eligi- ble agency— (i) fails to implement an improvement plan as described in paragraph (1); or (ii) with respect to any specific core indi- cator of performance that was identified in a program improvement plan under para- graph (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 un- controllable circumstances, such as a nat- ural 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 assist- ance, to assist in the development of an im- proved State improvement plan, or for other improvement activities consistent with the re- quirements 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 annu- ally, using the local levels of performance de- scribed in section 2323(b)(4) of this title, the career and technical education activities of each eligible recipient receiving funds under this subchapter. (2) Plan If, after reviewing the evaluation in para- graph (1), the eligible agency determines that an eligible recipient failed to meet at least 90 percent of an agreed upon local level of per- formance for any of the core indicators of per- formance described in section 2323(b)(4) of this title for all CTE concentrators, the eligible re- cipient shall develop and implement a pro- gram improvement plan (that includes an analysis of the performance disparities or gaps identified under section 2323(b)(3)(C)(ii)(II) of this title, and actions that will be taken to ad- dress such gaps) in consultation with local stakeholders described in section 2354(d)(1) of this title, the eligible agency, and appropriate agencies, individuals, and organizations dur- ing the first program year succeeding the pro- gram year for which the eligible recipient failed to so meet any of the local levels of per- formance for any of the core indicators of per- formance. (3) Technical assistance If the eligible agency determines that an eli- gible recipient is not properly implementing the eligible recipient’s responsibilities under section 2354 of this title, or is not making sub- stantial progress in meeting the purposes of this chapter, based on the local levels of per- formance, the eligible agency shall work with the eligible recipient to implement improve- ment activities consistent with the require- ments 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 eli- gible recipient’s allotment under this sub- chapter if the eligible recipient— (i) fails to implement an improvement plan as described in paragraph (2); or (ii) with respect to any specific core indi- cator of performance that was identified in a program improvement plan under para- graph (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 sanc- tions 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 re- cipient; (ii) based on the impact on the eligible recipient’s reported performance of the small size of the career and technical edu- cation program operated by the eligible re- cipient; or (iii) in response to a public request from an eligible recipient, if the eligible agency determines that the requirements de- scribed in clause (i) or (ii) have been met. Page 1089 TITLE 20—EDUCATION § 2344 (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 pur- poses 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. (Pub. L. 88–210, title I, § 123, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 721; amend- ed Pub. L. 115–224, title I, § 123, July 31, 2018, 132 Stat. 1606.) Editorial Notes PRIOR PROVISIONS A prior section 2343, Pub. L. 88–210, title I, § 123, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3106, related to improvement plans, prior to the general amendment of this chapter by Pub. L. 109–270. Another prior section 2343, Pub. L. 88–210, title II, § 240, as added Pub. L. 101–392, title II, § 201, Sept. 25, 1990, 104 Stat. 784, related to local applications, prior to the general amendment of this chapter by Pub. L. 105–332. AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–224, § 123(1)(A), sub- stituted ‘‘percent of the’’ for ‘‘percent of an agreed upon’’, ‘‘State determined level of performance’’ for ‘‘State adjusted level of performance’’ in two places, ‘‘2323(b)(2) of this title for all CTE concentrators’’ for ‘‘section 2323(b)(3) of this title’’, and ‘‘(that includes an analysis of the performance disparities or gaps identi- fied under section 2323(b)(3)(C)(ii)(II) of this title, and actions that will be taken to address such gaps)’’ for ‘‘(with special consideration to performance gaps iden- tified under section 2323(c)(2) of this title)’’. Subsec. (a)(2). Pub. L. 115–224, § 123(1)(B), substituted ‘‘purposes of this section, including after implementa- tion of the improvement plan described in paragraph (1),’’ for ‘‘purposes of this chapter’’ and ‘‘State deter- mined levels of performance’’ for ‘‘State’s adjusted lev- els of performance’’. Subsec. (a)(3)(A)(ii), (iii). Pub. L. 115–224, § 123(1)(C), added cl. (ii) and struck out former cls. (ii) and (iii) which read as follows: ‘‘(ii) fails to make any improvement in meeting any of the State adjusted levels of performance for the core indicators of performance identified under paragraph (1) within the first program year of implementation of its improvement plan described in paragraph (1); or ‘‘(iii) fails to meet at least 90 percent of an agreed upon State adjusted level of performance for the same core indicator of performance for 3 consecutive years.’’ Subsec. (a)(5). Pub. L. 115–224, § 123(1)(D), added par. (5). Subsec. (b). Pub. L. 115–224, § 123(2)(A), substituted ‘‘local level’’ for ‘‘local adjusted level’’ and ‘‘local lev- els’’ for ‘‘local adjusted levels’’ wherever appearing. Subsec. (b)(2). Pub. L. 115–224, § 123(2)(B)(ii), which di- rected substitution of ‘‘(that includes an analysis of the performance disparities or gaps identified under section 2323(b)(3)(C)(ii)(II) of this title, and actions that will be taken to address such gaps) in consultation with local stakeholders described in section 2354(d)(1) of this title, the eligible agency, and’’ for ‘‘(with special consider- ation to performance gaps identified under section 2323(b)(4)(C)(ii)(II) of this title in consultation with the eligible agency,’’, was executed by making the substi- tution for text containing another closing parenthesis after ‘‘of this title’’, to reflect the probable intent of Congress. Pub. L. 115–224, § 123(2)(B)(i), inserted ‘‘for all CTE concentrators’’ after ‘‘section 2323(b)(4) of this title’’. Subsec. (b)(4)(A)(ii), (iii). Pub. L. 115–224, § 123(2)(C)(i), added cl. (ii) and struck out former cls. (ii) and (iii) which read as follows: ‘‘(ii) fails to make any improvement in meeting any of the local adjusted levels of performance for the core indicators of performance identified under paragraph (2) within the first program year of implementation of its improvement plan described in paragraph (2); or ‘‘(iii) fails to meet at least 90 percent of an agreed upon local adjusted level of performance for the same core indicator of performance for 3 consecutive years.’’ Subsec. (b)(4)(B)(iii). Pub. L. 115–224, § 123(2)(C)(ii), added cl. (iii). Subsec. (b)(6). Pub. L. 115–224, § 123(2)(D), added par. (6). 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. § 2344. State leadership activities (a) General authority From amounts reserved under section 2322(a)(2) of this title, each eligible agency shall— (1) conduct State leadership activities to im- prove career and technical education, which shall include support for— (A) preparation for non-traditional fields in current and emerging professions, pro- grams for special populations, and other ac- tivities that expose students, including spe- cial populations, to high-skill, high-wage, and in-demand occupations; (B) individuals in State institutions, such as State correctional institutions, including juvenile justice facilities, and educational institutions that serve individuals with dis- abilities; (C) recruiting, preparing, or retaining ca- reer and technical education teachers, fac- ulty, specialized instructional support per- sonnel, or paraprofessionals, such as preservice, professional development, or leadership development programs; and (D) technical assistance for eligible recipi- ents; and (2) report on the effectiveness of such use of funds in achieving the goals described in sec- tion 2342(d)(2) of this title and the State deter- mined levels of performance described in sec- tion 2323(b)(3)(A) of this title, and reducing disparities or performance gaps as described in section 2323(b)(3)(C)(ii)(II) of this title. (b) Permissible uses of funds The State leadership activities described in subsection (a) may include— (1) developing statewide programs of study, which may include standards, curriculum, and course development, and career exploration, guidance, and advisement activities and re- sources; (2) approving locally developed programs of study that meet the requirements established in section 2342(d)(4)(B) of this title; (3) establishing statewide articulation agree- ments aligned to approved programs of study;