20 U.S.C. § 2302 — Definitions

Page 1052 TITLE 20—EDUCATION § 2302 chapter II of this chapter, and enacting provisions set out as a note under this section] may be cited as the ‘Strengthening Career and Technical Education for the 21st Century Act’.’’ SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–270, § 1(a), Aug. 12, 2006, 120 Stat. 683, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Carl D. Perkins Career and Tech- nical Education Improvement Act of 2006’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–332, § 1(a), Oct. 31, 1998, 112 Stat. 3076, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–392, § 1(a), Sept. 25, 1990, 104 Stat. 753, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990’.’’ SHORT TITLE OF 1968 AMENDMENT Pub. L. 90–576, § 1, Oct. 16, 1968, 82 Stat. 1064, provided that: ‘‘This Act [enacting sections 6, 1119c to 1119c–4, 1226, 1241 to 1248, 1261 to 1264, 1281 to 1284, 1301 to 1305, 1321 to 1323, 1341, 1351 to 1355, 1371 to 1374, and 1391 of this title, amending sections 237, 237 note, 238, 239, 240, 241, 403, 421, 422, 423, 423 note, 425, 425 note, 426, 441, 442, 442 note, 443, 444, 462, 464, 481, 482, 482 note, 483, 484, 491, 511, 521, 541, 551, 561, 563, 588, 589, 611, 633, 644, 645, 1202, and 1221 of this title, repealing sections 15i, 15i note, 15j to 15q, 15aa to 15jj, 15aaa to 15ggg, 30, 31 to 33, and 34 of this title and section 1667 of Title 48, Territories and Insular Possessions, and enacting provisions set out as notes under sections 6, 11, 240, 886, 1202, 1321, and 2301 of this title and section 2809 of Title 42, The Public Health and Welfare may be cited as the ‘Vocational Education Amendments of 1968’.’’ SHORT TITLE Pub. L. 88–210, § 1(a), as added by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Carl D. Perkins Career and Technical Education Act of 2006’.’’ Pub. L. 88–210, title II, § 201, as added by Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3117, which pro- vided that title II of Pub. L. 88–210, enacting subchapter II of this chapter, could be cited as the ‘‘Tech-Prep Education Act’’, was omitted in the general amend- ment of Pub. L. 88–210 by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683. VOCATIONAL EDUCATION POLICY Pub. L. 98–524, § 6, Oct. 19, 1984, 98 Stat. 2491, provided that: ‘‘It is the sense of the Congress that effective vo- cational education programs are essential to our future as a free and democratic society; that such programs are best administered by local communities, and com- munity colleges school boards, where the primacy of parental control can be emphasized with a minimum of Federal interference; and that as a means to strength- ening vocational education and training programs, non- governmental alternatives promoting links between public school needs and private sector sources of sup- port should be encouraged and implemented.’’ § 2302. Definitions Unless otherwise specified, in this chapter: (1) Administration The term ‘‘administration’’, when used with respect to an eligible agency or eligible recipi- ent, means activities necessary for the proper and efficient performance of the eligible agen- cy or eligible recipient’s duties under this chapter, including the supervision of such ac- tivities. Such term does not include cur- riculum development activities, personnel de- velopment, or research activities. (2) All aspects of an industry The term ‘‘all aspects of an industry’’ means strong experience in, and comprehensive un- derstanding of, the industry that the indi- vidual is preparing to enter. (3) Area career and technical education school The term ‘‘area career and technical edu- cation school’’ means— (A) a specialized public secondary school used exclusively or principally for the provi- sion of career and technical education to in- dividuals who are available for study in preparation for entering the labor market; (B) the department of a public secondary school exclusively or principally used for providing career and technical education in not fewer than 3 different fields that are available to all students, especially in high- skill, high-wage, or in-demand industry sec- tors or occupations; (C) a public or nonprofit technical institu- tion or career and technical education school used exclusively or principally for the provision of career and technical education to individuals who have completed or left secondary school and who are available for study in preparation for entering the labor market, if the institution or school admits, as regular students, individuals who have completed secondary school and individuals who have left secondary school; or (D) the department or division of an insti- tution of higher education, that operates under the policies of the eligible agency and that provides career and technical education in not fewer than 3 different occupational fields leading to immediate employment but not necessarily leading to a baccalaureate degree, if the department or division admits, as regular students, both individuals who have completed secondary school and indi- viduals who have left secondary school. (4) Articulation agreement The term ‘‘articulation agreement’’ means a written commitment— (A) that is agreed upon at the State level or approved annually by the lead adminis- trators of— (i) a secondary institution and a postsec- ondary educational institution; or (ii) a subbaccalaureate degree granting postsecondary educational institution and a baccalaureate degree granting postsec- ondary educational institution; and (B) to a program that is— (i) designed to provide students with a nonduplicative sequence of progressive achievement leading to technical skill pro- ficiency, a credential, a certificate, or a degree; and (ii) linked through credit transfer agree- ments between the 2 institutions described in clause (i) or (ii) of subparagraph (A) (as the case may be). Page 1053 TITLE 20—EDUCATION § 2302 (5) Career and technical education The term ‘‘career and technical education’’ means organized educational activities that— (A) offer a sequence of courses that— (i) provides individuals with rigorous academic content and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions, which may include high-skill, high-wage, or in-demand indus- try sectors or occupations, which shall be, at the secondary level, aligned with the challenging State academic standards adopted by a State under section 6311(b)(1) of this title; (ii) provides technical skill proficiency or a recognized postsecondary credential, which may include an industry-recognized credential, a certificate, or an associate degree; and (iii) may include prerequisite courses (other than a remedial course) that meet the requirements of this subparagraph; (B) include competency-based, work-based, or other applied learning that supports the development of academic knowledge, higher- order reasoning and problem-solving skills, work attitudes, employability skills, tech- nical skills, and occupation-specific skills, and knowledge of all aspects of an industry, including entrepreneurship, of an individual; (C) to the extent practicable, coordinate between secondary and postsecondary edu- cation programs through programs of study, which may include coordination through ar- ticulation agreements, early college high school programs, dual or concurrent enroll- ment program opportunities, or other credit transfer agreements that provide postsec- ondary credit or advanced standing; and (D) may include career exploration at the high school level or as early as the middle grades (as such term is defined in section 7801 of this title). (6) Career and technical student organization (A) In general The term ‘‘career and technical student organization’’ means an organization for in- dividuals enrolled in a career and technical education program that engages in career and technical education activities as an in- tegral part of the instructional program. (B) State and national units An organization described in subparagraph (A) may have State and national units that aggregate the work and purposes of instruc- tion in career and technical education at the local level. (7) Career guidance and academic counseling The term ‘‘career guidance and academic counseling’’ means guidance and counseling that— (A) provides access for students (and, as appropriate, parents and out-of-school youth) to information regarding career awareness exploration opportunities and planning with respect to an individual’s oc- cupational and academic future; (B) provides information to students (and, as appropriate, parents and out-of-school youth) with respect to career options, finan- cial aid, job training, secondary and postsec- ondary options (including associate and bac- calaureate degree programs), dual or concur- rent enrollment programs, work-based learn- ing opportunities, early college high schools, financial literacy, and support services, as appropriate; and (C) may provide assistance for special pop- ulations with respect to direct support serv- ices that enable students to persist in and complete career and technical education, programs of study, or career pathways. (8) Career pathways The term ‘‘career pathways’’ has the mean- ing given the term in section 3102 of title 29. (9) Charter school The term ‘‘charter school’’ has the meaning given the term in section 7221i of this title. (10) Cooperative education The term ‘‘cooperative education’’ means a method of education for individuals who, through written cooperative arrangements be- tween a school and employers, receive instruc- tion, including required rigorous and chal- lenging academic courses and related career and technical education instruction, by alter- nation of study in school with a job in any oc- cupational field, which alternation— (A) shall be planned and supervised by the school and employer so that each contrib- utes to the education and employability of the individual; and (B) may include an arrangement in which work periods and school attendance may be on alternate half days, full days, weeks, or other periods of time in fulfilling the cooper- ative program. (11) Credit transfer agreement The term ‘‘credit transfer agreement’’ means a formal agreement, such as an articu- lation agreement, among and between sec- ondary and postsecondary education institu- tions or systems that grant students transcripted postsecondary credit, which may include credit granted to students in dual or concurrent enrollment programs or early col- lege high school, dual credit, articulated cred- it, and credit granted on the basis of perform- ance on technical or academic assessments. (12) CTE concentrator The term ‘‘CTE concentrator’’ means— (A) at the secondary school level, a stu- dent served by an eligible recipient who has completed at least 2 courses in a single ca- reer and technical education program or pro- gram of study; and (B) at the postsecondary level, a student enrolled in an eligible recipient who has— (i) earned at least 12 credits within a ca- reer and technical education program or program of study; or (ii) completed such a program if the pro- gram encompasses fewer than 12 credits or the equivalent in total. Page 1054 TITLE 20—EDUCATION § 2302 (13) CTE participant The term ‘‘CTE participant’’ means an indi- vidual who completes not less than one course in a career and technical education program or program of study of an eligible recipient. (14) Director The term ‘‘Director’’ means the Director of the Institute of Education Sciences. (15) Dual or concurrent enrollment program The term ‘‘dual or concurrent enrollment program’’ has the meaning given the term in section 7801 of this title. (16) Early college high school The term ‘‘early college high school’’ has the meaning given the term in section 7801 of this title. (17) Educational service agency The term ‘‘educational service agency’’ has the meaning given the term in section 7801 of this title. (18) Eligible agency The term ‘‘eligible agency’’ means a State board designated or created consistent with State law as the sole State agency responsible for the administration of career and technical education in the State or for the supervision of the administration of career and technical education in the State. (19) Eligible entity The term ‘‘eligible entity’’ means a consor- tium that includes the following: (A) Representatives of not less than 2 of the following categories of entities, 1 of which shall serve as the fiscal agent for the consortium: (i) A local educational agency or a con- sortium of such agencies. (ii) An educational service agency serv- ing secondary school students. (iii) An area career and technical edu- cation school or a consortium of such schools. (iv) An Indian Tribe, Tribal organiza- tion, or Tribal educational agency. (v) An institution of higher education whose most common degree awarded is an associate degree, or a consortium of such institutions. (vi) An institution of higher education whose most common degree awarded is a bachelor’s or higher degree, or a consor- tium of such institutions. (vii) A State educational agency. (B) One or more business or industry rep- resentative partners, which may include rep- resentatives of local or regional businesses or industries, including industry or sector partnerships in the local area, local work- force development boards, or labor organiza- tions. (C) One or more stakeholders, which may include— (i) parents and students; (ii) representatives of local agencies serving out-of-school youth, homeless chil- dren and youth, and at-risk youth (as de- fined in section 6472 of this title); (iii) representatives of Indian tribes and Tribal organizations, where applicable; (iv) representatives of minority-serving institutions (as described in paragraphs (1) through (7) of section 1067q(a) of this title), where applicable; (v) representatives of special popu- lations; (vi) representatives of adult career and technical education providers; or (vii) other relevant community stake- holders. (20) Eligible institution The term ‘‘eligible institution’’ means— (A) a consortium of 2 or more of the enti- ties described in subparagraphs (B) through (F); (B) a public or nonprofit private institu- tion of higher education that offers and will use funds provided under this subchapter in support of career and technical education courses that lead to technical skill pro- ficiency or a recognized postsecondary cre- dential, including an industry-recognized credential, a certificate, or an associate de- gree, except that, for the purpose of section 2352 of this title, the term ‘‘recognized post- secondary credential’’ as used in this sub- paragraph shall not include a baccalaureate degree; (C) a local educational agency providing education at the postsecondary level; (D) an area career and technical education school providing education at the postsec- ondary level; (E) an Indian Tribe, Tribal organization, or Tribal education agency that operates a school or may be present in the State; (F) a postsecondary educational institu- tion controlled by the Bureau of Indian Edu- cation or operated by or on behalf of any In- dian Tribe that is eligible to contract with the Secretary of the Interior for the admin- istration of programs under the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) or the Act of April 16, 1934 (25 U.S.C. 5342 et seq.); (G) a tribally controlled college or univer- sity; or (H) an educational service agency. (21) Eligible recipient The term ‘‘eligible recipient’’ means— (A) a local educational agency (including a public charter school that operates as a local educational agency), an area career and technical education school, an edu- cational service agency, an Indian Tribe, Tribal organization, or Tribal educational agency or a consortium, eligible to receive assistance under section 2351 of this title; or (B) an eligible institution or consortium of eligible institutions eligible to receive as- sistance under section 2352 of this title. (22) English learner The term ‘‘English learner’’ means— (A) a secondary school student who is an English learner, as defined in section 7801 of this title; or (B) an adult or an out-of-school youth who has limited ability in speaking, reading, Page 1055 TITLE 20—EDUCATION § 2302 writing, or understanding the English lan- guage and— (i) whose native language is a language other than English; or (ii) who lives in a family environment or community in which a language other than English is the dominant language. (23) Evidence-based The term ‘‘evidence-based’’ has the meaning given the term in section 7801(21)(A) of this title. (24) Governor The term ‘‘Governor’’ means the chief execu- tive officer of a State. (25) High school The term ‘‘high school’’ has the meaning given the term in section 7801 of this title. (26) In-demand industry sector or occupation The term ‘‘in-demand industry sector or oc- cupation’’ has the meaning given the term in section 3102 of title 29. (27) Indian; Indian Tribe The terms ‘‘Indian’’ and ‘‘Indian Tribe’’ have the meanings given the terms ‘‘Indian’’ and ‘‘Indian tribe’’, respectively, in section 4 of the Indian Self-Determination and Education As- sistance Act (25 U.S.C. 5304). (28) Individual with a disability (A) In general The term ‘‘individual with a disability’’ means an individual with any disability (as defined in section 12102 of title 42). (B) Individuals with disabilities The term ‘‘individuals with disabilities’’ means more than 1 individual with a dis- ability. (29) Industry or sector partnership The term ‘‘industry or sector partnership’’ has the meaning given the term in section 3102 of title 29. (30) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given the term in section 1001 of this title. (31) Local educational agency The term ‘‘local educational agency’’ has the meaning given the term in section 7801 of this title. (32) Local workforce development board The term ‘‘local workforce development board’’ means a local workforce development board established under section 3122 of title 29. (33) Non-traditional fields The term ‘‘non-traditional fields’’ means oc- cupations or fields of work, such as careers in computer science, technology, and other cur- rent and emerging high skill occupations, for which individuals from one gender comprise less than 25 percent of the individuals em- ployed in each such occupation or field of work. (34) Outlying area The term ‘‘outlying area’’ means the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau. (35) Out-of-school youth The term ‘‘out-of-school youth’’ has the meaning given the term in section 3102 of title 29. (36) Out-of-workforce individual The term ‘‘out-of-workforce individual’’ means— (A) an individual who is a displaced home- maker, as defined in section 3102 of title 29; or (B) an individual who— (i)(I) has worked primarily without re- muneration to care for a home and family, and for that reason has diminished mar- ketable skills; or (II) is a parent whose youngest depend- ent child will become ineligible to receive assistance under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) not later than 2 years after the date on which the parent applies for assistance under such title; and (ii) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment. (37) Paraprofessional The term ‘‘paraprofessional’’ has the mean- ing given the term in section 7801 of this title. (38) Pay for success initiative (A) In general Subject to subparagraph (B), the term ‘‘pay for success initiative’’ means a per- formance-based grant, contract, or coopera- tive agreement awarded by a State or local public entity (such as a local educational agency) to a public or private nonprofit enti- ty— (i) in which a commitment is made to pay for improved outcomes that result in increased public value and social benefit to students and the public sector, such as im- proved student outcomes as evidenced by the indicators of performance described in section 2323(b)(2) of this title and direct cost savings or cost avoidance to the pub- lic sector; and (ii) that includes— (I) a feasibility study on the initiative describing how the proposed interven- tion is based on evidence of effective- ness; (II) a rigorous, third-party evaluation that uses experimental or quasi-experi- mental design or other research meth- odologies that allow for the strongest possible causal inferences to determine whether the initiative has met its pro- posed outcomes; (III) an annual, publicly available re- port on the progress of the initiative; and (IV) a requirement that payments are made to the recipient of a grant, con- tract, or cooperative agreement only when agreed upon outcomes are achieved, except that the entity may Page 1056 TITLE 20—EDUCATION § 2302 make payments to the third party con- ducting the evaluation described in sub- clause (II). (B) Exclusion The term ‘‘pay for success initiative’’ does not include any initiative that— (i) reduces the special education or re- lated services that a student would other- wise receive under the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.]; or (ii) otherwise reduces the rights of a stu- dent or the obligations of an entity under the Individuals with Disabilities Edu- cation Act, the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or any other law. (39) Postsecondary educational institution The term ‘‘postsecondary educational insti- tution’’ means— (A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit to- ward a bachelor’s degree; (B) a tribally controlled college or univer- sity; or (C) a nonprofit educational institution of- fering certificate or other skilled training programs at the postsecondary level. (40) Professional development The term ‘‘professional development’’ means activities that— (A) are an integral part of eligible agency, eligible recipient, institution, or school strategies for providing educators (including teachers, principals, other school leaders, administrators, specialized instructional support personnel, career guidance and aca- demic counselors, and paraprofessionals) with the knowledge and skills necessary to enable students to succeed in career and technical education, to meet challenging State academic standards under section 6311(b)(1) of this title, or to achieve aca- demic skills at the postsecondary level; and (B) are sustained (not stand-alone, 1-day, or short-term workshops), intensive, col- laborative, job-embedded, data-driven, and classroom-focused, to the extent practicable evidence-based, and may include activities that— (i) improve and increase educators’— (I) knowledge of the academic and technical subjects; (II) understanding of how students learn; and (III) ability to analyze student work and achievement from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis; (ii) are an integral part of eligible recipi- ents’ improvement plans; (iii) allow personalized plans for each ed- ucator to address the educator’s specific needs identified in observation or other feedback; (iv) support the recruitment, hiring, and training of effective educators, including educators who became certified through State and local alternative routes to cer- tification; (v) advance educator understanding of— (I) effective instructional strategies that are evidence-based; and (II) strategies for improving student academic and technical achievement or substantially increasing the knowledge and teaching skills of educators; (vi) are developed with extensive partici- pation of educators, parents, students, and representatives of Indian Tribes (as appli- cable), of schools and institutions served under this chapter; (vii) are designed to give educators of students who are English learners in ca- reer and technical education programs or programs of study the knowledge and skills to provide instruction and appro- priate language and academic support services to those students, including the appropriate use of curricula and assess- ments; (viii) as a whole, are regularly evaluated for their impact on increased educator ef- fectiveness and improved student aca- demic and technical achievement, with the findings of the evaluations used to im- prove the quality of professional develop- ment; (ix) are designed to give educators of in- dividuals with disabilities in career and technical education programs or programs of study the knowledge and skills to pro- vide instruction and academic support services to those individuals, including positive behavioral interventions and sup- ports, multi-tier system of supports, and use of accommodations; (x) include instruction in the use of data and assessments to inform and instruct classroom practice; (xi) include instruction in ways that edu- cators may work more effectively with parents and families; (xii) provide follow-up training to edu- cators who have participated in activities described in this paragraph that are de- signed to ensure that the knowledge and skills learned by the educators are imple- mented in the classroom; (xiii) promote the integration of aca- demic knowledge and skills and relevant technical knowledge and skills, including programming jointly delivered to aca- demic and career and technical education teachers; or (xiv) increase the ability of educators providing career and technical education instruction to stay current with industry standards. (41) Program of study The term ‘‘program of study’’ means a co- ordinated, nonduplicative sequence of aca- demic and technical content at the secondary and postsecondary level that— (A) incorporates challenging State aca- demic standards, including those adopted by a State under section 6311(b)(1) of this title; Page 1057 TITLE 20—EDUCATION § 2302 (B) addresses both academic and technical knowledge and skills, including employ- ability skills; (C) is aligned with the needs of industries in the economy of the State, region, Tribal community, or local area; (D) progresses in specificity (beginning with all aspects of an industry or career cluster and leading to more occupation-spe- cific instruction); (E) has multiple entry and exit points that incorporate credentialing; and (F) culminates in the attainment of a rec- ognized postsecondary credential. (42) Qualified intermediary The term ‘‘qualified intermediary’’ means a nonprofit entity, which may be part of an in- dustry or sector partnership, that dem- onstrates expertise in building, connecting, sustaining, and measuring partnerships with entities such as employers, schools, commu- nity-based organizations, postsecondary insti- tutions, social service organizations, economic development organizations, Indian tribes or Tribal organizations, and workforce systems to broker services, resources, and supports to youth and the organizations and systems that are designed to serve youth, including— (A) connecting employers to classrooms; (B) assisting in the design and implemen- tation of career and technical education pro- grams and programs of study; (C) delivering professional development; (D) connecting students to internships and other work-based learning opportunities; and (E) developing personalized student sup- ports. (43) Recognized postsecondary credential The term ‘‘recognized postsecondary creden- tial’’ has the meaning given the term in sec- tion 3102 of title 29. (44) Secondary school The term ‘‘secondary school’’ has the mean- ing given the term in section 7801 of this title. (45) Secretary The term ‘‘Secretary’’ means the Secretary of Education. (46) Specialized instructional support per- sonnel The term ‘‘specialized instructional support personnel’’ has the meaning given the term in section 7801 of this title. (47) Specialized instructional support services The term ‘‘specialized instructional support services’’ has the meaning given the term in section 7801 of this title. (48) Special populations The term ‘‘special populations’’ means— (A) individuals with disabilities; (B) individuals from economically dis- advantaged families, including low-income youth and adults; (C) individuals preparing for non-tradi- tional fields; (D) single parents, including single preg- nant women; (E) out-of-workforce individuals; (F) English learners; (G) homeless individuals described in sec- tion 11434a of title 42; (H) youth who are in, or have aged out of, the foster care system; and (I) youth with a parent who— (i) is a member of the armed forces (as such term is defined in section 101(a)(4) of title 10); and (ii) is on active duty (as such term is de- fined in section 101(d)(1) of such title). (49) State The term ‘‘State’’, unless otherwise speci- fied, means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and each out- lying area. (50) Support services The term ‘‘support services’’ means services related to curriculum modification, equipment modification, classroom modification, sup- portive personnel (including paraprofessionals and specialized instructional support per- sonnel), and instructional aids and devices. (51) Tribally controlled college or university The term ‘‘tribally controlled college or uni- versity’’ has the meaning given the term in section 1801(a) of title 25. (52) Tribally controlled postsecondary career and technical institution The term ‘‘tribally controlled postsecondary career and technical institution’’ means an in- stitution of higher education (as defined in section 1001 of this title, except that sub- section (a)(2) of such section shall not be ap- plicable and the reference to Secretary in sub- section (a)(5) of such section shall be deemed to refer to the Secretary of the Interior) that— (A) is formally controlled, or has been for- mally sanctioned or chartered, by the gov- erning body of an Indian Tribe or Indian Tribes; (B) offers a technical degree or certificate granting program; (C) is governed by a board of directors or trustees, a majority of whom are Indians; (D) demonstrates adherence to stated goals, a philosophy, or a plan of operation, that fosters individual Indian economic and self-sufficiency opportunity, including pro- grams that are appropriate to stated Tribal goals of developing individual entrepreneur- ships and self-sustaining economic infra- structures on reservations or tribal lands; (E) has been in operation for at least 3 years; (F) holds accreditation with or is a can- didate for accreditation by a nationally rec- ognized accrediting authority for postsec- ondary career and technical education; and (G) enrolls the full-time equivalent of not less than 100 students, of whom a majority are Indians. (53) Tribal organization The term ‘‘Tribal organization’’ has the meaning given the term ‘‘tribal organization’’ Page 1058 TITLE 20—EDUCATION § 2302 in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (54) Universal design for learning The term ‘‘universal design for learning’’ has the meaning given the term in section 7801 of this title. (55) Work-based learning The term ‘‘work-based learning’’ means sus- tained interactions with industry or commu- nity professionals in real workplace settings, to the extent practicable, or simulated envi- ronments at an educational institution that foster in-depth, firsthand engagement with the tasks required in a given career field, that are aligned to curriculum and instruction. (Pub. L. 88–210, § 3, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 685; amended Pub. L. 110–315, title IX, § 941(k)(2)(D)(i), Aug. 14, 2008, 122 Stat. 3466; Pub. L. 114–95, title IX, § 9215(n)(1), Dec. 10, 2015, 129 Stat. 2168; Pub. L. 115–224, § 7, July 31, 2018, 132 Stat. 1565; Pub. L. 116–6, div. H, title II, § 201(a), Feb. 15, 2019, 133 Stat. 475.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination and Education Assist- ance Act, referred to in par. (20)(F), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. Act of April 16, 1934, referred to in par. (20)(F), is act Apr. 16, 1934, ch. 147, 48 Stat. 596, popularly known as the Johnson-O’Malley Act, which is classified generally to section 5342 et seq. of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. The Social Security Act, referred to in par. (36)(B)(i)(II), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The Individuals with Disabilities Education Act, re- ferred to in par. (38)(B), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables. The Rehabilitation Act of 1973, referred to in par. (38)(B)(ii), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 701 of Title 29 and Tables. The Americans with Disabilities Act of 1990, referred to in par. (38)(B)(ii), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. PRIOR PROVISIONS A prior section 2302, Pub. L. 88–210, § 3, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3077; amended Pub. L. 107–110, title X, § 1076(k), Jan. 8, 2002, 115 Stat. 2091, related to definitions, prior to the general amend- ment of this chapter by Pub. L. 109–270. Another prior section 2302, Pub. L. 88–210, § 3, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2437; amended Pub. L. 100–418, title VI, §§ 6131(b), 6134(b), Aug. 23, 1988, 102 Stat. 1511, 1512; Pub. L. 101–392, § 3, Sept. 25, 1990, 104 Stat. 756, authorized appropriations for fiscal years 1991 to 1995 to carry out former subchapters I to IV of this chapter, prior to the general amendment of this chap- ter by Pub. L. 105–332. AMENDMENTS 2019—Par. (20)(B). Pub. L. 116–6 inserted ‘‘, except that, for the purpose of section 2352 of this title, the term ‘recognized postsecondary credential’ as used in this subparagraph shall not include a baccalaureate de- gree’’ after ‘‘associate degree’’. 2018—Pub. L. 115–224, § 7(1), (2), struck out pars. (10) defining ‘‘displaced homemaker’’, (16) defining ‘‘indi- vidual with limited English proficiency’’, (23) defining ‘‘postsecondary education tech prep student’’, (24) de- fining ‘‘school dropout’’, (25) defining ‘‘scientifically based research’’, (26) defining ‘‘secondary education tech prep student’’, and (32) defining ‘‘tech prep pro- gram’’ and redesignated other pars. throughout section to accommodate pars. repealed and added by Pub. L. 115–224 so as to maintain alphabetical order of defined terms. Par. (2). Pub. L. 115–224, § 7(3), struck out ‘‘, including information as described in section 2328 of this title’’ before period at end. Par. (3)(B). Pub. L. 115–224, § 7(4)(A), substituted ‘‘3 different fields that are available to all students, espe- cially in high-skill, high-wage, or in-demand industry sectors or occupations’’ for ‘‘5 different occupational fields to individuals who are available for study in preparation for entering the labor market’’. Par. (3)(D). Pub. L. 115–224, § 7(4)(B), substituted ‘‘not fewer than 3 different occupational fields’’ for ‘‘not fewer than 5 different occupational fields’’. Par. (5)(A)(i). Pub. L. 115–224, § 7(5)(A)(i), amended cl. (i) generally. Prior to amendment, cl. (i) read as fol- lows: ‘‘provides individuals with coherent and rigorous content aligned with challenging academic standards and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions;’’. Par. (5)(A)(ii). Pub. L. 115–224, § 7(5)(A)(ii), substituted ‘‘or a recognized postsecondary credential, which may include an industry-recognized credential, a certificate, or an associate degree’’ for ‘‘, an industry-recognized credential, a certificate, or an associate degree’’. Par. (5)(B). Pub. L. 115–224, § 7(5)(B), inserted ‘‘, work- based, or other’’ after ‘‘competency-based’’, struck out ‘‘general’’ before ‘‘employability skills’’, and sub- stituted ‘‘supports the development of’’ for ‘‘contrib- utes to the’’ and semicolon for period at end. Par. (5)(C), (D). Pub. L. 115–224, § 7(5)(A)(iii), (C), added subpars. (C) and (D). Par. (7)(A). Pub. L. 115–224, § 7(6)(A), substituted ‘‘(and, as appropriate, parents and out-of-school youth)’’ for ‘‘(and parents, as appropriate’’ and ‘‘fu- ture;’’ for ‘‘future; and’’ and inserted ‘‘exploration op- portunities’’ after ‘‘regarding career awareness’’. Par. (7)(B). Pub. L. 115–224, § 7(6)(B), substituted ‘‘pro- vides information to students (and, as appropriate, par- ents and out-of-school youth) with respect to career op- tions, financial aid, job training, secondary and post- secondary options (including associate and bacca- laureate degree programs), dual or concurrent enroll- ment programs, work-based learning opportunities, early college high schools, financial literacy, and sup- port services, as appropriate; and’’ for ‘‘provides infor- mation with respect to career options, financial aid, and postsecondary options, including baccalaureate de- gree programs.’’ Par. (7)(C). Pub. L. 115–224, § 7(6)(C), added subpar. (C). Par. (8). Pub. L. 115–224, § 7(7), added par. (8). Pars. (11) to (16). Pub. L. 115–224, § 7(8), added pars. (11) to (16). Par. (19). Pub. L. 115–224, § 7(9), added par. (19). Par. (20). Pub. L. 115–224, § 7(10), amended par. (20) generally. Prior to amendment, par. (20), which had been par. (13), consisted of subpars. (A) to (F) defining ‘‘eligible institution’’. Page 1059 TITLE 20—EDUCATION § 2304 1 See References in Text note below. Par. (21). Pub. L. 115–224, § 7(11), inserted ‘‘an Indian Tribe, Tribal organization, or Tribal educational agen- cy’’ after ‘‘service agency,’’. Pars. (22), (23). Pub. L. 115–224, § 7(12), added pars. (22) and (23). Pars. (25) to (27). Pub. L. 115–224, § 7(13), added pars. (25) to (27). Par. (29). Pub. L. 115–224, § 7(14), added par. (29). Par. (32). Pub. L. 115–224, § 7(15), added par. (32). Par. (33). Pub. L. 115–224, § 7(16), substituted ‘‘such as careers’’ for ‘‘including careers’’. Pars. (35) to (38). Pub. L. 115–224, § 7(17), added pars. (35) to (38). Par. (39)(C). Pub. L. 115–224, § 7(18), substituted ‘‘other skilled training’’ for ‘‘apprenticeship’’. Pars. (40) to (43). Pub. L. 115–224, § 7(19), added pars. (40) to (43). Pars. (46), (47). Pub. L. 115–224, § 7(20), added pars. (46) and (47). Par. (48)(B). Pub. L. 115–224, § 7(21)(A), substituted ‘‘low-income youth and adults’’ for ‘‘foster children’’. Par. (48)(E). Pub. L. 115–224, § 7(21)(B), added subpar. (E) and struck out former subpar. (E) which read as fol- lows: ‘‘displaced homemakers; and’’. Par. (48)(F). Pub. L. 115–224, § 7(21)(C), substituted ‘‘English learners;’’ for ‘‘individuals with limited English proficiency.’’ Par. (48)(G) to (I). Pub. L. 115–224, § 7(21)(D), added subpars. (G) to (I). Par. (50). Pub. L. 115–224, § 7(22), inserted ‘‘(including paraprofessionals and specialized instructional support personnel)’’ after ‘‘supportive personnel’’. Par. (52)(A). Pub. L. 115–224, § 7(23)(A), substituted ‘‘Indian Tribe or Indian Tribes’’ for ‘‘Indian tribe or In- dian tribes’’. Par. (52)(D). Pub. L. 115–224, § 7(23)(B), substituted ‘‘Tribal’’ for ‘‘tribal’’ and inserted ‘‘or tribal lands’’ after ‘‘reservations’’. Pars. (53) to (55). Pub. L. 115–224, § 7(24), added pars. (53) to (55). 2015—Par. (8). Pub. L. 114–95, § 9215(n)(1)(A), made technical amendment to reference in original act which appears in text as reference to section 7221i of this title. Par. (11). Pub. L. 114–95, § 9215(n)(1)(B), made technical amendment to reference in original act which appears in text as reference to section 7801 of this title. Par. (19). Pub. L. 114–95, § 9215(n)(1)(C), made technical amendment to reference in original act which appears in text as reference to section 7801 of this title. Par. (27). Pub. L. 114–95, § 9215(n)(1)(D), made technical amendment to reference in original act which appears in text as reference to section 7801 of this title. 2008—Par. (33). Pub. L. 110–315 made technical amend- ment to reference in original act which appears in text as reference to section 1801(a) of title 25. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116–6, div. H, title II, § 201(b), Feb. 15, 2019, 133 Stat. 475, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on July 1, 2019, as if included in the Strengthening Career and Technical Education for the 21st Century Act (Pub- lic Law 115–224).’’ 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. § 2303. Transition provisions The Secretary shall take such steps as are necessary to provide for the orderly transition to the authority of this chapter (as amended by the Strengthening Career and Technical Edu- cation for the 21st Century Act) from any au- thority under the provisions of the Carl D. Per- kins Vocational and Technical Education Act of 2006,1 as in effect on the day before July 31, 2018. The Secretary shall give each eligible agency the opportunity to submit a transition plan for the first fiscal year following July 31, 2018. (Pub. L. 88–210, § 4, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 690; amended Pub. L. 115–224, § 8, July 31, 2018, 132 Stat. 1574.) Editorial Notes REFERENCES IN TEXT This chapter (as amended by the Strengthening Ca- reer and Technical Education for the 21st Century Act), referred to in text, is this chapter as amended by Pub. L. 115–224, July 31, 2018, 132 Stat. 1563. The Carl D. Perkins Vocational and Technical Edu- cation Act of 2006, as in effect on the day before July 31, 2018, referred to in text, probably means the Carl D. Perkins Career and Technical Education Act of 2006, which is classified generally to this chapter, as in ef- fect on the day before the enactment of Pub. L. 115–224, July 31, 2018, 132 Stat. 1563, which amended this chapter extensively. A prior version of the Act was named the Carl D. Perkins Vocational and Technical Education Act of 1998, but no act with the title ‘‘Carl D. Perkins Vocational and Technical Education Act of 2006’’ has been enacted. PRIOR PROVISIONS A prior section 2303, Pub. L. 88–210, § 4, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3082, related to transition provisions, prior to the general amendment of this chapter by Pub. L. 109–270. Another prior section 2303, Pub. L. 101–392, § 4, Sept. 25, 1990, 104 Stat. 758; Pub. L. 104–66, title I, § 1041(f), Dec. 21, 1995, 109 Stat. 715, which related to the Inter- departmental Task Force on Vocational Education and Related Programs, was transferred to section 2308 of this title. AMENDMENTS 2018—Pub. L. 115–224, § 8(1), substituted ‘‘are nec- essary’’ for ‘‘the Secretary determines to be appro- priate’’. Pub. L. 115–224, § 8(2), substituted ‘‘as amended by the Strengthening Career and Technical Education for the 21st Century Act’’ for ‘‘as amended by the Carl D. Per- kins Career and Technical Education Improvement Act of 2006’’ and substituted ‘‘July 31, 2018’’ for ‘‘August 12, 2006’’ in two places. Pub. L. 115–224, § 8(3), substituted ‘‘Carl D. Perkins Vocational and Technical Education Act of 2006’’ for ‘‘Carl D. Perkins Vocational and Technical Education Act of 1998’’. 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. § 2304. Privacy (a) GEPA Nothing in this chapter shall be construed to supersede the privacy protections afforded par- ents and students under section 444 of the Gen- eral Education Provisions Act (20 U.S.C. 1232g).