 
             CHAPTER 44--VOCATIONAL AND TECHNICAL EDUCATION
 
   SUBCHAPTER I--VOCATIONAL AND TECHNICAL EDUCATION ASSISTANCE TO THE 
                                 STATES
 
                    Part A--Allotment and Allocation
 
Sec. 2323. Accountability


(a) Purpose

    The purpose of this section is to establish a State performance 
accountability system, comprised of the activities described in this 
section, to assess the effectiveness of the State in achieving statewide 
progress in vocational and technical education, and to optimize the 
return of investment of Federal funds in vocational and technical 
education activities.

(b) State performance measures

                           (1) In general

        Each eligible agency, with input from eligible recipients, shall 
    establish performance measures for a State that consist of--
            (A) the core indicators of performance described in 
        paragraph (2)(A);
            (B) any additional indicators of performance (if any) 
        identified by the eligible agency under paragraph (2)(B); and
            (C) a State adjusted level of performance described in 
        paragraph (3)(A) for each core indicator of performance, and 
        State levels of performance described in paragraph (3)(B) for 
        each additional indicator of performance.

                    (2) Indicators of performance

        (A) Core indicators of performance

            Each eligible agency shall identify in the State plan core 
        indicators of performance that include, at a minimum, measures 
        of each of the following:
                (i) Student attainment of challenging State established 
            academic, and vocational and technical, skill proficiencies.
                (ii) Student attainment of a secondary school diploma or 
            its recognized equivalent, a proficiency credential in 
            conjunction with a secondary school diploma, or a 
            postsecondary degree or credential.
                (iii) Placement in, retention in, and completion of, 
            postsecondary education or advanced training, placement in 
            military service, or placement or retention in employment.
                (iv) Student participation in and completion of 
            vocational and technical education programs that lead to 
            nontraditional training and employment.

        (B) Additional indicators of performance

            An eligible agency, with input from eligible recipients, may 
        identify in the State plan additional indicators of performance 
        for vocational and technical education activities authorized 
        under the \1\ subchapter.
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        (C) Existing indicators

            If a State previously has developed State performance 
        measures that meet the requirements of this section, the State 
        may use such performance measures to measure the progress of 
        vocational and technical education students.

        (D) State role

            Indicators of performance described in this paragraph shall 
        be established solely by each eligible agency with input from 
        eligible recipients.

                      (3) Levels of performance

        (A) State adjusted levels of performance for core indicators of 
                performance

            (i) In general

                Each eligible agency, with input from eligible 
            recipients, shall establish in the State plan submitted 
            under section 2342 of this title, levels of performance for 
            each of the core indicators of performance described in 
            paragraph (2)(A) for vocational and technical education 
            activities authorized under this subchapter. The levels of 
            performance established under this subparagraph shall, at a 
            minimum--
                    (I) be expressed in a percentage or numerical form, 
                so as to be objective, quantifiable, and measurable; and
                    (II) require the State to continually make progress 
                toward improving the performance of vocational and 
                technical education students.
            (ii) Identification in the State plan

                Each eligible agency shall identify, in the State plan 
            submitted under section 2342 of this title, levels of 
            performance for each of the core indicators of performance 
            for the first 2 program years covered by the State plan.
            (iii) Agreement on State adjusted levels of 
                    performance for first 2 years

                The Secretary and each eligible agency shall reach 
            agreement on the levels of performance for each of the core 
            indicators of performance, for the first 2 program years 
            covered by the State plan, taking into account the levels 
            identified in the State plan under clause (ii) and the 
            factors described in clause (vi). The levels of performance 
            agreed to under this clause shall be considered to be the 
            State adjusted level of performance for the State for such 
            years and shall be incorporated into the State plan prior to 
            the approval of such plan.
            (iv) Role of the Secretary

                The role of the Secretary in the agreement described in 
            clauses (iii) and (v) is limited to reaching agreement on 
            the percentage or number of students who attain the State 
            adjusted levels of performance.
            (v) Agreement on State adjusted levels of 
                    performance for 3rd, 4th, and 5th years

                Prior to the third program year covered by the State 
            plan, the Secretary and each eligible agency shall reach 
            agreement on the State adjusted levels of performance for 
            each of the core indicators of performance for the third, 
            fourth, and fifth program years covered by the State plan, 
            taking into account the factors described in clause (vi). 
            The State adjusted levels of performance agreed to under 
            this clause shall be considered to be the State adjusted 
            levels of performance for the State for such years and shall 
            be incorporated into the State plan.
            (vi) Factors

                The agreement described in clause (iii) or (v) shall 
            take into account--
                    (I) how the levels of performance involved compare 
                with the State adjusted levels of performance 
                established for other States taking into account factors 
                including the characteristics of participants when the 
                participants entered the program and the services or 
                instruction to be provided; and
                    (II) the extent to which such levels of performance 
                promote continuous improvement on the indicators of 
                performance by such State.
            (vii) Revisions

                If unanticipated circumstances arise in a State 
            resulting in a significant change in the factors described 
            in clause (vi)(II), the eligible agency may request that the 
            State adjusted levels of performance agreed to under clause 
            (iii) or (vi) be revised. The Secretary shall issue 
            objective criteria and methods for making such revisions.

        (B) Levels of performance for additional indicators

            Each eligible agency shall identify in the State plan, State 
        levels of performance for each of the additional indicators of 
        performance described in paragraph (2)(B). Such levels shall be 
        considered to be the State levels of performance for purposes of 
        this subchapter.

(c) Report

                           (1) In general

        Each eligible agency that receives an allotment under section 
    2321 of this title shall annually prepare and submit to the 
    Secretary a report regarding--
            (A) the progress of the State in achieving the State 
        adjusted levels of performance on the core indicators of 
        performance; and
            (B) information on the levels of performance achieved by the 
        State with respect to the additional indicators of performance, 
        including the levels of performance for special populations.

                       (2) Special populations

        The report submitted by the eligible agency in accordance with 
    paragraph (1) shall include a quantifiable description of the 
    progress special populations participating in vocational and 
    technical education programs have made in meeting the State adjusted 
    levels of performance established by the eligible agency.

                    (3) Information dissemination

        The Secretary--
            (A) shall make the information contained in such reports 
        available to the general public;
            (B) shall disseminate State-by-State comparisons of the 
        information; and
            (C) shall provide the appropriate committees of Congress 
        copies of such reports.

(Pub. L. 88-210, title I, Sec. 113, as added Pub. L. 105-332, Sec. 1(b), 
Oct. 31, 1998, 112 Stat. 3087.)


                            Prior Provisions

    A prior section 2323, Pub. L. 88-210, title I, Sec. 113, as added 
Pub. L. 98-524, Sec. 1, Oct. 19, 1984, 98 Stat. 2445; amended Pub. L. 
99-159, title VII, Secs. 704, 713(a)(1), (2), Nov. 22, 1985, 99 Stat. 
905, 907; Pub. L. 101-392, title I, Sec. 113, Sept. 25, 1990, 104 Stat. 
766; Pub. L. 101-476, title IX, Sec. 901(a)(2), Oct. 30, 1990, 104 Stat. 
1142; Pub. L. 103-382, title III, Sec. 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. See section 2342 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2324, 2342, 2343, 2344, 2354 
of this title; title 29 section 2821.
