 
             CHAPTER 44--VOCATIONAL AND TECHNICAL EDUCATION
 
   SUBCHAPTER I--VOCATIONAL AND TECHNICAL EDUCATION ASSISTANCE TO THE 
                                 STATES
 
                        Part B--State Provisions
 
Sec. 2342. State plan


(a) State plan

                           (1) In general

        Each eligible agency desiring assistance under this subchapter 
    for any fiscal year shall prepare and submit to the Secretary a 
    State plan for a 5-year period, together with such annual revisions 
    as the eligible agency determines to be necessary.

                            (2) Revisions

        Each eligible agency--
            (A) may submit such annual revisions of the State plan to 
        the Secretary as the eligible agency determines to be necessary; 
        and
            (B) shall, after the second year of the 5 year State plan, 
        conduct a review of activities assisted under this subchapter 
        and submit any revisions of the State plan that the eligible 
        agency determines necessary to the Secretary.

                         (3) Hearing process

        The eligible agency shall conduct public hearings in the State, 
    after appropriate and sufficient notice, for the purpose of 
    affording all segments of the public and interested organizations 
    and groups (including employers, labor organizations, and parents), 
    an opportunity to present their views and make recommendations 
    regarding the State plan. A summary of such recommendations and the 
    eligible agency's response to such recommendations shall be included 
    in the State plan.

(b) Plan development

                           (1) In general

        The eligible agency shall develop the State plan in consultation 
    with teachers, eligible recipients, parents, students, interested 
    community members, representatives of special populations, 
    representatives of business and industry, and representatives of 
    labor organizations in the State, and shall consult the Governor of 
    the State with respect to such development.

                    (2) Activities and procedures

        The eligible agency shall develop effective activities and 
    procedures, including access to information needed to use such 
    procedures, to allow the individuals described in paragraph (1) to 
    participate in State and local decisions that relate to development 
    of the State plan.

(c) Plan contents

    The State plan shall include information that--
        (1) describes the vocational and technical education activities 
    to be assisted that are designed to meet or exceed the State 
    adjusted levels of performance, including a description of--
            (A) the secondary and postsecondary vocational and technical 
        education programs to be carried out, including programs that 
        will be carried out by the eligible agency to develop, improve, 
        and expand access to quality, state-of-the-art technology in 
        vocational and technical education programs;
            (B) the criteria that will be used by the eligible agency in 
        approving applications by eligible recipients for funds under 
        this subchapter;
            (C) how such programs will prepare vocational and technical 
        education students for opportunities in postsecondary education 
        or entry into high skill, high wage jobs in current and emerging 
        occupations; and
            (D) how funds will be used to improve or develop new 
        vocational and technical education courses;

        (2) describes how comprehensive professional development 
    (including initial teacher preparation) for vocational and 
    technical, academic, guidance, and administrative personnel will be 
    provided;
        (3) describes how the eligible agency will actively involve 
    parents, teachers, local businesses (including small- and medium-
    sized businesses), and labor organizations in the planning, 
    development, implementation, and evaluation of such vocational and 
    technical education programs;
        (4) describes how funds received by the eligible agency through 
    the allotment made under section 2321 of this title will be 
    allocated--
            (A) among secondary school vocational and technical 
        education, or postsecondary and adult vocational and technical 
        education, or both, including the rationale for such allocation; 
        and
            (B) among any consortia that will be formed among secondary 
        schools and eligible institutions, and how funds will be 
        allocated among the members of the consortia, including the 
        rationale for such allocation;

        (5) describes how the eligible agency will--
            (A) improve the academic and technical skills of students 
        participating in vocational and technical education programs, 
        including strengthening the academic, and vocational and 
        technical, components of vocational and technical education 
        programs through the integration of academics with vocational 
        and technical education to ensure learning in the core academic, 
        and vocational and technical, subjects, and provide students 
        with strong experience in, and understanding of, all aspects of 
        an industry; and
            (B) ensure that students who participate in such vocational 
        and technical education programs are taught to the same 
        challenging academic proficiencies as are taught to all other 
        students;

        (6) describes how the eligible agency will annually evaluate the 
    effectiveness of such vocational and technical education programs, 
    and describe, to the extent practicable, how the eligible agency is 
    coordinating such programs to ensure nonduplication with other 
    existing Federal programs;
        (7) describes the eligible agency's program strategies for 
    special populations;
        (8) describes how individuals who are members of the special 
    populations--
            (A) will be provided with equal access to activities 
        assisted under this subchapter;
            (B) will not be discriminated against on the basis of their 
        status as members of the special populations; and
            (C) will be provided with programs designed to enable the 
        special populations to meet or exceed State adjusted levels of 
        performance, and prepare special populations for further 
        learning and for high skill, high wage careers;

        (9) describe what steps the eligible agency shall take to 
    involve representatives of eligible recipients in the development of 
    the State adjusted levels of performance;
        (10) provides assurances that the eligible agency will comply 
    with the requirements of this subchapter and the provisions of the 
    State plan, including the provision of a financial audit of funds 
    received under this subchapter which may be included as part of an 
    audit of other Federal or State programs;
        (11) provides assurances that none of the funds expended under 
    this subchapter will be used to acquire equipment (including 
    computer software) in any instance in which such acquisition results 
    in a direct financial benefit to any organization representing the 
    interests of the purchasing entity, the employees of the purchasing 
    entity, or any affiliate of such an organization;
        (12) describes how the eligible agency will report data relating 
    to students participating in vocational and technical education in 
    order to adequately measure the progress of the students, including 
    special populations;
        (13) describes how the eligible agency will adequately address 
    the needs of students in alternative education programs, if 
    appropriate;
        (14) describes how the eligible agency will provide local 
    educational agencies, area vocational and technical education 
    schools, and eligible institutions in the State with technical 
    assistance;
        (15) describes how vocational and technical education relates to 
    State and regional occupational opportunities;
        (16) describes the methods proposed for the joint planning and 
    coordination of programs carried out under this subchapter with 
    other Federal education programs;
        (17) describes how funds will be used to promote preparation for 
    nontraditional training and employment;
        (18) describes how funds will be used to serve individuals in 
    State correctional institutions;
        (19) describes how funds will be used effectively to link 
    secondary and postsecondary education;
        (20) describes how the eligible agency will ensure that the data 
    reported to the eligible agency from local educational agencies and 
    eligible institutions under this subchapter and the data the 
    eligible agency reports to the Secretary are complete, accurate, and 
    reliable; and
        (21) contains 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.

(d) Plan option

    The eligible agency may fulfill the requirements of subsection (a) 
of this section by submitting a plan under section 9271 of this title.

(e) Plan approval

                           (1) In general

        The Secretary shall approve a State plan, or a revision to an 
    approved State plan, unless the Secretary determines that--
            (A) the State plan, or revision, respectively, does not meet 
        the requirements of this section; or
            (B) the State's levels of performance on the core indicators 
        of performance consistent with section 2323 of this title are 
        not sufficiently rigorous to meet the purpose of this chapter.

                           (2) Disapproval

        The Secretary shall not finally disapprove a State plan, except 
    after giving the eligible agency notice and an opportunity for a 
    hearing.

                          (3) Consultation

        The eligible agency shall develop the portion of each State plan 
    relating to the amount and uses of any funds proposed to be reserved 
    for adult vocational and technical education, postsecondary 
    vocational and technical education, tech-prep education, and 
    secondary vocational and technical education after consultation with 
    the State agency responsible for supervision of community colleges, 
    technical institutes, or other 2-year postsecondary institutions 
    primarily engaged in providing postsecondary vocational and 
    technical education, and the State agency responsible for secondary 
    education. If a State agency finds that a portion of the final State 
    plan is objectionable, the State agency shall file such objections 
    with the eligible agency. The eligible agency shall respond to any 
    objections of the State agency in the State plan submitted to the 
    Secretary.

                            (4) Timeframe

        A State plan shall be deemed approved by the Secretary if the 
    Secretary has not responded to the eligible agency regarding the 
    State plan within 90 days of the date the Secretary receives the 
    State plan.

(f) Transition

    This section shall be subject to section 2303 of this title for 
fiscal year 1999 only, with respect to activities under this section.

(Pub. L. 88-210, title I, Sec. 122, as added Pub. L. 105-332, Sec. 1(b), 
Oct. 31, 1998, 112 Stat. 3102.)


                            Prior Provisions

    Provisions similar to this section were contained in section 2323 of 
this title, prior to the general amendment of this chapter by Pub. L. 
105-332.
    A prior section 2342, Pub. L. 88-210, title II, Sec. 235, as added 
Pub. L. 101-392, title II, Sec. 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, Sec. 252, as 
added Pub. L. 98-524, Sec. 1, Oct. 19, 1984, 98 Stat. 2457, related to 
criteria for program improvement, innovation, and expansion, prior to 
the general amendment of former subchapter II of this chapter by Pub. L. 
101-392.

                  Section Referred to in Other Sections

    This section is referred to in sections 2323, 2343, 2354 of this 
title.
