USC Subchapter II

USC Subchapter II
in effect

20 U.S.C. § 2391 Fiscal requirements

(a) Supplement not supplantFunds made available under this chapter for career and technical education activities shall supplement, and shall not supplant, non-Federal funds expended to carry out career and technical education activities. (b) Maintenance of effort(1) Determination(A) In generalExcept as provided in subparagraph (B), (C), or (D), in order for a State to receive its full allotment of funds under this chapter for any fiscal year, the Secretary must find that the State’s fiscal effort per student, or the aggregate expenditures of such State, with respect to career and technical education for the preceding fiscal year was not less than the fiscal effort per student, or the aggregate expenditures of such State, for the second preceding fiscal year. (B) ComputationIn computing the fiscal effort or aggregate expenditures pursuant to subparagraph (A), the Secretary shall, at the request of the State, exclude competitive or incentive-based programs established by the State, capital expenditures, special one-time project costs, and the cost of pilot programs. (C) Decrease in Federal supportIf the amount made available for career and technical education programs under this chapter for a fiscal year is less than the amount made available for career and technical education programs under this chapter for the preceding fiscal year, then the fiscal effort per student or the aggregate expenditures of a State required by subparagraph (A) for the preceding fiscal year shall be decreased by the same percentage as the percentage decrease in the amount so made available. (D) Establishing the state baselineFor purposes of applying subparagraph (A) for years which require the calculation of the State’s fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education for the first full fiscal year following July 31, 2018, the State may determine the State’s fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education for such first full fiscal year by—(i) continuing to use the State’s fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education, as was in effect on the day before July 31, 2018; or (ii) establishing a new level of fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education, which is not less than 95 percent of the State’s fiscal effort per student, or the aggregate expenditures of such State, with respect to career and technical education for the preceding fiscal year. (2) Failure to meet(A) In generalThe Secretary shall reduce the amount of a State’s allotment of funds under this chapter for any fiscal year in the exact proportion by which the State fails to meet the requirement of paragraph (1) by falling below the State’s fiscal effort per student or the State’s aggregate expenditures (using the measure most favorable to the State), if the State failed to meet such requirement (as determined using the measure most favorable to the State) for 1 or more of the 5 immediately preceding fiscal years. (B) Special ruleNo such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years. (3) WaiverThe Secretary may waive paragraph (2) due to exceptional or uncontrollable circumstances affecting the ability of the State to meet the requirement of paragraph (1) such as a natural disaster or an unforeseen and precipitous decline in financial resources. No level of funding permitted under such a waiver may be used as the basis for computing the fiscal effort or aggregate expenditures required under this section for years subsequent to the year covered by such waiver. The fiscal effort or aggregate expenditures for the subsequent years shall be computed on the basis of the level of funding that would, but for such waiver, have been required.

20 U.S.C. § 2392 Authority to make payments

Any authority to make payments or to enter into contracts under this chapter shall be available only to such extent or in such amounts as are provided in advance in appropriation Acts.

20 U.S.C. § 2393 Construction

Nothing in this chapter shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of a private, religious, or home school, regardless of whether a home school is treated as a private school or home school under State law. This section shall not be construed to bar students attending private, religious, or home schools from participation in programs or services under this chapter.

20 U.S.C. § 2394 Voluntary selection and participation

No funds made available under this chapter shall be used— (1) to require any secondary school student to choose or pursue a specific career pathway or program of study; or (2) to mandate that any individual participate in a career and technical education program, including a career and technical education program that requires the attainment of a federally funded skill level, standard, or certificate of mastery.

20 U.S.C. § 2395 Limitation for certain students

No funds received under this chapter may be used to provide career and technical education programs or programs of study to students prior to the the 11 So in original. middle grades (as such term is defined in section 7801 of this title), except that equipment and facilities purchased with funds under this chapter may be used by such students.

20 U.S.C. § 2396 Federal laws guaranteeing civil rights

Nothing in this chapter shall be construed to be inconsistent with applicable Federal law prohibiting discrimination on the basis of race, color, sex, national origin, age, or disability in the provision of Federal programs or services.

20 U.S.C. § 2397 Participation of private school personnel and children

(a) PersonnelAn eligible agency or eligible recipient that uses funds under this chapter for in-service and preservice career and technical education professional development programs for career and technical education teachers, administrators, and other personnel shall, to the extent practicable, upon written request, permit the participation in such programs of career and technical education secondary school teachers, administrators, and other personnel in nonprofit private schools offering career and technical secondary education programs located in the geographical area served by such eligible agency or eligible recipient. (b) Student participation(1) Student participationExcept as prohibited by State or local law, an eligible recipient may, upon written request, use funds made available under this chapter to provide for the meaningful participation, in career and technical education programs and activities, including programs of study, receiving funding under this chapter, of secondary school students attending nonprofit private schools in areas served by the eligible recipient. (2) ConsultationAn eligible recipient shall consult, upon written request, in a timely and meaningful manner with representatives of nonprofit private schools in areas served by the eligible recipient described in paragraph (1) regarding the meaningful participation, in career and technical education programs and activities, including programs of study, receiving funding under this chapter, of secondary school students attending nonprofit private schools.

20 U.S.C. § 2398 Limitation on Federal regulations

The Secretary may issue regulations under this chapter only to the extent necessary to administer and ensure compliance with the specific requirements of this chapter.

20 U.S.C. § 2399 Study on programs of study aligned to high-skill, high-wage occupations

(a) Scope of studyThe Comptroller General of the United States shall conduct a study to evaluate—(1) the strategies, components, policies, and practices used by eligible agencies or eligible recipients receiving funding under this chapter to successfully assist—(A) all students in pursuing and completing programs of study aligned to high-skill, high-wage occupations; and (B) any special population or specific subgroup of students identified in section 6311(h)(1)(C)(ii) of this title in pursuing and completing programs of study aligned to high-skill, high-wage occupations in fields in which such special population or subgroup is underrepresented; and (2) any challenges associated with replication of such strategies, components, policies, and practices. (b) ConsultationIn carrying out the study conducted under subsection (a), the Comptroller General of the United States shall consult with a geographically diverse (including urban, suburban, and rural) representation of—(1) students and parents; (2) eligible agencies and eligible recipients; (3) teachers, faculty, specialized instructional support personnel, and paraprofessionals, including those with expertise in preparing career and technical education students for non-traditional fields; (4) Indian Tribes and Tribal organizations; (5) special populations; and (6) representatives of business and industry. (c) SubmissionUpon completion, the Comptroller General of the United States shall submit the study conducted under subsection (a) to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.

20 U.S.C. § 2411 Joint funding

(a) General authorityFunds made available to eligible agencies under this chapter may be used to provide additional funds under an applicable program if—(1) such program otherwise meets the requirements of this chapter and the requirements of the applicable program; (2) such program serves the same individuals that are served under this chapter; (3) such program provides services in a coordinated manner with services provided under this chapter; and (4) such funds are used to supplement, and not supplant, funds provided from non-Federal sources. (b) Applicable programFor the purposes of this section, the term “applicable program” means any program under any of the following provisions of law:(1) Chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3161 et seq., 3171 et seq.]. (2) The Wagner-Peyser Act [29 U.S.C. 49 et seq.]. (c) Use of funds as matching fundsFor the purposes of this section, the term “additional funds” does not include funds used as matching funds.

20 U.S.C. § 2412 Prohibition on use of funds to induce out-of-State relocation of businesses

No funds provided under this chapter shall be used for the purpose of directly providing incentives or inducements to an employer to relocate a business enterprise from one State to another State if such relocation will result in a reduction in the number of jobs available in the State where the business enterprise is located before such incentives or inducements are offered.

20 U.S.C. § 2413 State administrative costs

(a) General ruleExcept as provided in subsection (b), for each fiscal year for which an eligible agency receives assistance under this chapter, the eligible agency shall provide, from non-Federal sources for the costs the eligible agency incurs for the administration of programs under this chapter, an amount that is not less than the amount provided by the eligible agency from non-Federal sources for such costs for the preceding fiscal year. (b) ExceptionIf the amount made available from Federal sources for the administration of programs under this chapter for a fiscal year (referred to in this section as the “determination year”) is less than the amount made available from Federal sources for the administration of programs under this chapter for the preceding fiscal year, then the amount the eligible agency is required to provide from non-Federal sources for costs the eligible agency incurs for the administration of programs under this chapter for the determination year under subsection (a) shall bear the same ratio to the amount the eligible agency provided from non-Federal sources for such costs for the preceding fiscal year, as the amount made available from Federal sources for the administration of programs under this chapter for the determination year bears to the amount made available from Federal sources for the administration of programs under this chapter for the preceding fiscal year.

20 U.S.C. § 2414 Student assistance and other Federal programs

(a) Attendance costs not treated as income or resourcesThe portion of any student financial assistance received under this chapter that is made available for attendance costs described in subsection (b) shall not be considered as income or resources in determining eligibility for assistance under any other program funded in whole or in part with Federal funds. (b) Attendance costsThe attendance costs described in this subsection are—(1) tuition and fees normally assessed a student carrying an academic workload as determined by the institution, and including costs for rental or purchase of any equipment, materials, or supplies required of all students in that course of study; and (2) an allowance for books, supplies, transportation, dependent care, and miscellaneous personal expenses for a student attending the institution on at least a half-time basis, as determined by the institution. (c) Costs of career and technical education servicesFunds made available under this chapter may be used to pay for the costs of career and technical education services required in an individualized education program developed pursuant to section 1414(d) of this title and services necessary to meet the requirements of section 794 of title 29 with respect to ensuring equal access to career and technical education.

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