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Title 20 — Education

Part B · Chapter 44 — Career and Technical Education

§ 2343. Improvement plans

Statutory text

(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 described in 2323(b)(2) 1 of this title for all CTE concentrators, the eligible agency shall develop and implement a program 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 address such gaps) in consultation with the appropriate agencies, 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 eligible agency’s responsibilities under section 2342 of this title, or is not making substantial progress in meeting the purposes of this section, including after implementation of the improvement plan described in paragraph (1),,2 based on the State determined levels of performance, the Secretary shall work with the eligible agency to implement the improvement activities consistent with the requirements of this chapter.

(3)

Subsequent action

(A)

In general

The Secretary may, after notice and opportunity for a hearing, withhold from an eligible 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 eligible agency—

(i)

fails to implement an improvement plan as described in paragraph (1); or

(ii)

with respect to any specific core indicator of performance that was identified in a program improvement plan under paragraph (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 uncontrollable circumstances, such as a natural 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 assistance, to assist in the development of an improved State improvement plan, or for other improvement activities consistent with the requirements 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 annually, using the local levels of performance described 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 paragraph (1), the eligible agency determines that an eligible recipient failed to meet at least 90 percent of an agreed upon local level of performance for any of the core indicators of performance described in section 2323(b)(4) of this title for all CTE concentrators, the eligible recipient shall develop and implement a program 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 address 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 during the first program year succeeding the program year for which the eligible recipient failed to so meet any of the local levels of performance for any of the core indicators of performance.

(3)

Technical assistance

If the eligible agency determines that an eligible recipient is not properly implementing the eligible recipient’s responsibilities under section 2354 of this title, or is not making substantial progress in meeting the purposes of this chapter, based on the local levels of performance, the eligible agency shall work with the eligible recipient to implement improvement activities consistent with the requirements 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 eligible recipient’s allotment under this subchapter if the eligible recipient—

(i)

fails to implement an improvement plan as described in paragraph (2); or

(ii)

with respect to any specific core indicator of performance that was identified in a program improvement plan under paragraph (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 sanctions 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 recipient;

(ii)

based on the impact on the eligible recipient’s reported performance of the small size of the career and technical education program operated by the eligible recipient; or

(iii)

in response to a public request from an eligible recipient, if the eligible agency determines that the requirements described in clause (i) or (ii) have been met.

(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 purposes 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.

Footnotes

  1. 1 So in original. Probably should be preceded by “section”.
  2. 2 So in original.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 88–210 title I § 123 · 77 Stat. 403

    Enacted · 20 U.S.C. § 2343

    Pub. L. 88–210, title I, § 123, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 721

    Source evidence

    Code source credit
    Pub. L. 88–210, title I, § 123, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 721

  2. Strengthening Career and Technical Education for the 21st Century Act

    Pub. L. 115–224 § 123(1)(A) · 132 Stat. 1563

    1. Substituted · 20 U.S.C. § 2343(a)(1)

      Pub. L. 115–224, § 123(1)(A), substituted “percent of the” for “percent of an agreed upon”

    2. Substituted · 20 U.S.C. § 2343(a)(1)

      Pub. L. 115–224, § 123(1)(A), substituted “State determined level of performance” for “State adjusted level of performance”

    3. Substituted · 20 U.S.C. § 2343(a)(1)

      Pub. L. 115–224, § 123(1)(A), substituted “2323(b)(2) of this title for all CTE concentrators” for “section 2323(b)(3) of this title”

    4. Substituted · 20 U.S.C. § 2343(a)(1)

      Pub. L. 115–224, § 123(1)(A), substituted “(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)” for “(with special consideration to performance gaps identified under section 2323(c)(2) of this title)”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 115–224, § 123(1)(A), substituted “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 identified 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 identified under section 2323(c)(2) of this title)”.

    Enacted provision · exact public law section
    (A) in paragraph (1)— (i) by striking “percent of an agreed upon” and inserting “percent of the”; (ii) by striking “State adjusted level of performance” and inserting “State determined level of performance” each place the term appears; (iii) by striking “section 113(b)(3)” and inserting “113(b)(2) for all CTE concentrators”; (iv) by striking “(with special consideration to performance gaps identified under section 113(c)(2))” and inserting “(that includes an analysis of the performance disparities or gaps identified under section 113(b)(3)(C)(ii)(II), and actions that will be taken to address such gaps)”;

    Effective date note
    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.

  3. Strengthening Career and Technical Education for the 21st Century Act

    Pub. L. 115–224 § 123(1)(B) · 132 Stat. 1563

    1. Substituted · 20 U.S.C. § 2343(a)(2)

      Pub. L. 115–224, § 123(1)(B), substituted “purposes of this section, including after implementation of the improvement plan described in paragraph (1),” for “purposes of this chapter”

    2. Substituted · 20 U.S.C. § 2343(a)(2)

      Pub. L. 115–224, § 123(1)(B), substituted “State determined levels of performance” for “State’s adjusted levels of performance”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 115–224, § 123(1)(B), substituted “purposes of this section, including after implementation of the improvement plan described in paragraph (1),” for “purposes of this chapter” and “State determined levels of performance” for “State’s adjusted levels of performance”.

    Enacted provision · exact public law section
    (B) in paragraph (2)— (i) by striking “State’s adjusted levels of performance” and inserting “State determined levels of performance”; and (ii) by striking “purposes of this Act” and inserting “purposes of this section, including after implementation of the improvement plan described in paragraph (1),”;

    Effective date note
    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.

  4. Strengthening Career and Technical Education for the 21st Century Act

    Pub. L. 115–224 § 123(1)(C) · 132 Stat. 1563

    1. Added · 20 U.S.C. § 2343(a)(3)(A)(ii); 20 U.S.C. § 2343(a)(3)(A)(iii)

      Pub. L. 115–224, § 123(1)(C), added cl. (ii)

    2. Struck · 20 U.S.C. § 2343(a)(3)(A)(ii); 20 U.S.C. § 2343(a)(3)(A)(iii)

      Pub. L. 115–224, § 123(1)(C), struck out former cls. (ii) and (iii) which read as follows:

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (C) in paragraph (3)(A)— (i) in clause (i), by inserting “or” after the semicolon; and (ii) by striking clauses (ii) and (iii) and inserting the following: “(ii) with respect to any specific core indicator of performance that was identified in a program improvement plan under paragraph (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.” ; and

    Effective date note
    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.

  5. Strengthening Career and Technical Education for the 21st Century Act

    Pub. L. 115–224 § 123(1)(D) · 132 Stat. 1563

    Added · 20 U.S.C. § 2343(a)(5)

    Pub. L. 115–224, § 123(1)(D), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 115–224, § 123(1)(D), added par. (5).

    Enacted provision · exact public law section
    (D) by adding at the end the following: “(5) Adjustments prohibited.— An eligible agency shall not be eligible to adjust performance levels while executing an improvement plan under this section.” ; and

    Effective date note
    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.

  6. Strengthening Career and Technical Education for the 21st Century Act

    Pub. L. 115–224 § 123(2)(A) · 132 Stat. 1563

    1. Substituted · 20 U.S.C. § 2343(b)

      Pub. L. 115–224, § 123(2)(A), substituted “local level” for “local adjusted level” wherever appearing

    2. Substituted · 20 U.S.C. § 2343(b)

      Pub. L. 115–224, § 123(2)(A), substituted “local levels” for “local adjusted levels” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–224, § 123(2)(A), substituted “local level” for “local adjusted level” and “local levels” for “local adjusted levels” wherever appearing.

    Enacted provision · exact public law section
    (A) by striking “adjusted” each place the term appears;

    Effective date note
    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.

  7. Strengthening Career and Technical Education for the 21st Century Act

    Pub. L. 115–224 § 123(2)(B)(ii) · 132 Stat. 1563

    Substituted · 20 U.S.C. § 2343(b)(2)

    Pub. L. 115–224, § 123(2)(B)(ii), which directed 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 consideration 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 substitution for text containing another closing parenthesis after “of this title”, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 115–224, § 123(2)(B)(ii), which directed 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 consideration 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 substitution for text containing another closing parenthesis after “of this title”, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (ii) by striking “(with special consideration to performance gaps identified under section 113(b)(4)(C)(ii)(II) in consultation with the eligible agency,” and inserting “(that includes an analysis of the performance disparities or gaps identified under section 113(b)(3)(C)(ii)(II), and actions that will be taken to address such gaps) in consultation with local stakeholders described in section 134(d)(1), the eligible agency, and”;

    Effective date note
    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.

  8. Strengthening Career and Technical Education for the 21st Century Act

    Pub. L. 115–224 § 123(2)(B)(i) · 132 Stat. 1563

    Inserted · 20 U.S.C. § 2343(b)(2)

    Pub. L. 115–224, § 123(2)(B)(i), inserted “for all CTE concentrators” after “section 2323(b)(4) of this title”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–224, § 123(2)(B)(i), inserted “for all CTE concentrators” after “section 2323(b)(4) of this title”.

    Enacted provision · exact public law section
    (i) by inserting “for all CTE concentrators” after “section 113(b)(4)”; and

    Effective date note
    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.

  9. Strengthening Career and Technical Education for the 21st Century Act

    Pub. L. 115–224 § 123(2)(C)(i) · 132 Stat. 1563

    1. Added · 20 U.S.C. § 2343(b)(4)(A)(ii); 20 U.S.C. § 2343(b)(4)(A)(iii)

      Pub. L. 115–224, § 123(2)(C)(i), added cl. (ii)

    2. Struck · 20 U.S.C. § 2343(b)(4)(A)(ii); 20 U.S.C. § 2343(b)(4)(A)(iii)

      Pub. L. 115–224, § 123(2)(C)(i), struck out former cls. (ii) and (iii) which read as follows:

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (i) in subparagraph (A)— (I) in clause (i), by inserting “or” after the semicolon; and (II) by striking clauses (ii) and (iii) and inserting the following: “(ii) with respect to any specific core indicator of performance that was identified in a program improvement plan under paragraph (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.” ; and

    Effective date note
    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.

  10. Strengthening Career and Technical Education for the 21st Century Act

    Pub. L. 115–224 § 123(2)(C)(ii) · 132 Stat. 1563

    Added · 20 U.S.C. § 2343(b)(4)(B)(iii)

    Pub. L. 115–224, § 123(2)(C)(ii), added cl. (iii)

    Source evidence

    Code amendment note
    Subsec. (b)(4)(B)(iii). Pub. L. 115–224, § 123(2)(C)(ii), added cl. (iii).

    Enacted provision · exact public law section
    (ii) in subparagraph (B)— (I) in clause (i), by striking “or” after the semicolon; (II) in clause (ii), by striking the period at the end and inserting “; or”; and (III) by adding at the end the following: “(iii) in response to a public request from an eligible recipient, if the eligible agency determines that the requirements described in clause (i) or (ii) have been met.” ; and

    Effective date note
    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.

  11. Strengthening Career and Technical Education for the 21st Century Act

    Pub. L. 115–224 § 123(2)(D) · 132 Stat. 1563

    Added · 20 U.S.C. § 2343(b)(6)

    Pub. L. 115–224, § 123(2)(D), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 115–224, § 123(2)(D), added par. (6).

    Enacted provision · exact public law section
    (D) by adding at the end the following: “(6) Adjustments prohibited.— An eligible recipient shall not be eligible to adjust performance levels while executing an improvement plan under this section.” .

    Effective date note
    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.

17 of 18 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 2343, Pub. L. 88–210, title I, § 123, as added Pub. L. 105–332, § 1(b), , 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, , 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), substituted “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 identified 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 identified 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 implementation of the improvement plan described in paragraph (1),” for “purposes of this chapter” and “State determined levels of performance” for “State’s adjusted levels 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 levels” for “local adjusted levels” wherever appearing.

Subsec. (b)(2). Pub. L. 115–224, § 123(2)(B)(ii), which directed 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 consideration 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 substitution 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 , see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title.

Credits

2006–2018 · 2 acts
  1. 2006Pub. L. 88–210, title I, § 123, as added Pub. L. 109–270, § 1(b), , 120 Stat. 721
  2. 2018amended Pub. L. 115–224, title I, § 123, , 132 Stat. 1606.
Show as published

(Pub. L. 88–210, title I, § 123, as added Pub. L. 109–270, § 1(b), , 120 Stat. 721; amended Pub. L. 115–224, title I, § 123, , 132 Stat. 1606.)

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