20 USC 2323 - Accountability

U.S Code last checked for updates: Nov 22, 2024

§ 2323.

Accountability

(a)

Purpose

(b)

State determined performance measures

(1)

In general

Each eligible agency, with input from eligible recipients, shall establish State determined performance measures for a State that consist of—

(A)

the core indicators of performance described in subparagraphs (A) and (B) of paragraph (2); and

(B)

a State determined level of performance described in paragraph (3)(A) for each core indicator of performance.

(2)

Indicators of performance

(A)

Core indicators of performance for CTE concentrators at the secondary level

Each eligible agency shall identify in the State plan core indicators of performance for CTE concentrators at the secondary level that are valid and reliable, and that include, at a minimum, measures of each of the following:

(i)

The percentage of CTE concentrators who graduate high school, as measured by—

(I)

the four-year adjusted cohort graduation rate (defined in section 7801 of this title); and

(II)

at the State’s discretion, the extended-year adjusted cohort graduation rate defined in such section 7801.

(ii)

CTE concentrator proficiency in the challenging State academic standards adopted by the State under section 6311(b)(1) of this title, as measured by the academic assessments described in section 6311(b)(2) of this title.

(iii)

The percentage of CTE concentrators who, in the second quarter after exiting from secondary education, are in postsecondary education or advanced training, military service or a service program that receives assistance under title I of the National and Community Service Act of 1990 (42 U.S.C. 12511 et seq.), are volunteers as described in section 2504(a) of title 22, or are employed.

(iv)

Indicators of career and technical education program quality as follows:

(I)

That shall include at least 1 of the following:

(aa)

The percentage of CTE concentrators graduating from high school having attained a recognized postsecondary credential.

(bb)

The percentage of CTE concentrators graduating from high school having attained postsecondary credits in the relevant career and technical education program or program of study earned through a dual or concurrent enrollment program or another credit transfer agreement.

(cc)

The percentage of CTE concentrators graduating from high school having participated in work-based learning.

(II)

That may include any other measure of student success in career and technical education that is statewide, valid, and reliable, and comparable across the State.

(v)

The percentage of CTE concentrators in career and technical education programs and programs of study that lead to non-traditional fields.

(B)

Core indicators of performance for CTE concentrators at the postsecondary level

Each eligible agency shall identify in the State plan core indicators of performance for CTE concentrators at the postsecondary level that are valid and reliable, and that include, at a minimum, measures of each of the following:

(i)

The percentage of CTE concentrators who, during the second quarter after program completion, remain enrolled in postsecondary education, are in advanced training, military service, or a service program that receives assistance under title I of the National and Community Service Act of 1990 (42 U.S.C. 12511 et seq.), are volunteers as described in section 2504(a) of title 22, or are placed or retained in employment.

(ii)

The percentage of CTE concentrators who receive a recognized postsecondary credential during participation in or within 1 year of program completion.

(iii)

The percentage of CTE concentrators in career and technical education programs and programs of study that lead to non-traditional fields.

(C)

Alignment of performance indicators

(3)

State determined levels of performance

(A)

State determined levels of performance for core indicators of performance

(i)

In general

(I)

Levels determined by the eligible agency

(II)

Technical assistance

(III)

Requirements

Such State determined levels of performance shall, at a minimum—

(aa)

be expressed in a percentage or numerical form, so as to be objective, quantifiable, and measurable;

(bb)

require the State to continually make meaningful progress toward improving the performance of all career and technical education students, including the subgroups of students described in section 6311(h)(1)(C)(ii) of this title, and special populations, as described in section 2302(48) of this title; and

(cc)

have been subject to the public comment process described in subparagraph (B), and the eligible agency has provided a written response;

(dd)

when being adjusted pursuant to clause (ii), take into account how the levels of performance involved compare with the State levels of performance established for other States, considering factors including the characteristics of actual (as opposed to anticipated) CTE concentrators when the CTE concentrators entered the program, and the services or instruction to be provided;

(ee)

when being adjusted pursuant to clause (ii), be higher than the average actual performance of the 2 most recently completed program years, except in the case of unanticipated circumstances that require revisions in accordance with clause (iii); and

(ff)

take into account the extent to which the State determined levels of performance advance the eligible agency’s goals, as set forth in the State plan.

(ii)

Allowable adjustment of State determined levels of performance for subsequent years

(iii)

Unanticipated circumstances

(B)

Public comment

(i)

In general

(ii)

Written comments

Not less than 60 days prior to submission of the State plan, the eligible agency shall provide such stakeholders with the opportunity to provide written comments to the eligible agency, which shall be included in the State plan, regarding how the levels of performance described under subparagraph (A)—

(I)

meet the requirements of the law;

(II)

support the improvement of performance of all CTE concentrators, including subgroups of students, as described in section 6311(h)(1)(C)(ii) of this title, and special populations, as described in section 2302(48) of this title; and

(III)

support the needs of the local education and business community.

(iii)

Eligible agency response

(C)

State report

(i)

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—

(I)

the progress of the State in achieving the State determined levels of performance on the core indicators of performance; and

(II)

the actual levels of performance for all CTE concentrators, and for each of the subgroups of students, as described in section 6311(h)(1)(C)(ii) of this title, and special populations, as described in section 2302(48) of this title.

(ii)

Data

Except as provided in subparagraph (E), each eligible agency that receives an allotment under section 2321 of this title shall—

(I)

disaggregate data for each of the indicators of performance under paragraph (2)—

(aa)

for subgroups of students, as described in section 6311(h)(1)(C)(ii) of this title, and special populations, as described in section 2302(48) of this title, that are served under this chapter; and

(bb)

by the career and technical education programs or programs of study of the CTE concentrators, except that in a case in which reporting by such program or program of study is impractical, the data may be disaggregated by the career clusters of the CTE concentrators, if appropriate;

(II)

identify and quantify any disparities or gaps in performance on the State determined levels of performance under subparagraph (A) between any such subgroup or special population and the performance of all CTE concentrators served by the eligible agency under this chapter, which shall include a quantifiable description of the progress each such subgroup or special population of students served by the eligible agency under this chapter has made in meeting the State determined levels of performance; and

(III)

for CTE concentrators described in paragraph (2)(A)(iii) and paragraph (2)(B)(i), disaggregate data, to the extent such data is available, by each of the following:

(aa)

Individuals enrolled in postsecondary education (disaggregated by postsecondary award level, including certificate, associate, or baccalaureate degree).

(bb)

Individuals in advanced training.

(cc)

Individuals in military service or a service program that receives assistance under title I of the National and Community Service Act of 1990 (42 U.S.C. 12511 et seq.) or volunteers as described in section 2504(a) of title 22.

(dd)

Individuals in employment (including those individuals who are employed in a high-skill, high-wage, or in-demand sector or occupation).

(iii)

Nonduplication

(iv)

Information dissemination

The Secretary shall—

(I)

make the information contained in such reports available to the general public through a variety of formats, including electronically through the Internet;

(II)

disseminate State-by-State comparisons of the information contained in such reports; and

(III)

provide the appropriate committees of Congress with copies of such reports.

(D)

State dissemination of actual levels of performance

At the end of each program year, the eligible agency shall disseminate the actual levels of performance described in subparagraph (C)(i)(II)—

(i)

widely, including to students, parents, and educators;

(ii)

through a variety of formats, including electronically through the Internet; and

(iii)

in user-friendly formats and languages that are easily accessible, as determined by the eligible agency.

(E)

Rules for reporting data

(4)

Local levels of performance

(A)

Local levels of performance for core indicators of performance

(i)

In general

Each eligible recipient shall agree to accept the State determined levels of performance for each year of the plan established under paragraph (3) as local levels of performances, or negotiate with the State to reach agreement on new local levels of performance, for each of the core indicators of performance described in subparagraphs (A) and (B) of paragraph (2) for career 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, consistent with the form expressed in the State determined levels, so as to be objective, quantifiable, and measurable;

(II)

require the eligible recipient to continually make meaningful progress toward improving the performance of all CTE concentrators, including subgroups of students described in section 6311(h)(1)(C)(ii) of this title and special populations, as described in section 2302(48) of this title;

(III)

when being adjusted as described in clause (iii), be higher than the average actual performance levels of the previous 2 program years, except in a case in which unanticipated circumstances arise with respect to the eligible recipient and that eligible recipient meets the requirements for revisions under clause (iv);

(IV)

when being adjusted as described in clause (iii), take into account how the local levels of performance compare with the local levels of performance established for other eligible recipients, considering factors including the characteristics of actual (as opposed to anticipated) CTE concentrators at the time those CTE concentrators entered the program, and the services or instruction to be provided; and

(V)

set the local levels of performance using valid and reliable data that measures—

(aa)

the differences within the State in actual economic conditions (including differences in unemployment rates and job losses or gains in particular industries); and

(bb)

the abilities of the State and the eligible recipient to collect and access valid, reliable, and cost-effective data.

(ii)

Identification in the local application

(iii)

Allowable adjustments of local levels of performance for subsequent years

(v)

 So in original. There is no cl. (iv).

Revisions

(B)

Local report

(i)

Content of report

(ii)

Data

Except as provided in clauses (iii) and (iv), each eligible recipient that receives an allocation described in section 2322 of this title shall—

(I)

disaggregate data for each of the indicators of performance under paragraph (2) for the subgroups of students described in section 6311(h)(1)(C)(ii) of this title and section 2302(48) of this title that are served under this chapter;

(II)

identify and quantify any disparities or gaps in performance, as described in paragraph 3(C)(ii)(II), between any such category of students as described in subclause (I) (including special populations) and the performance of all CTE concentrators served by the eligible recipient under this chapter.

(III)

disaggregate data by the career and technical education programs or programs of study of the CTE concentrators, except that in a case in which reporting by such program or program of study is impractical, the data may be disaggregated by the career clusters of the CTE concentrators, if appropriate; and

(IV)

for CTE concentrators described in paragraph (2)(A)(iii) and paragraph (2)(B)(i), disaggregate data, to the extent such data is available, by each of the following:

(aa)

Individuals enrolled in postsecondary education (disaggregated by postsecondary award level, including certificate, associate, or baccalaureate degree).

(bb)

Individuals in advanced training.

(cc)

(dd)

Individuals in employment (including those individuals who are employed in a high-skill, high-wage, or in-demand sector or occupation).

(iii)

Nonduplication

(iv)

Rules for reporting of data

(v)

Availability

(Pub. L. 88–210, title I, § 113, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 696; amended Pub. L. 114–95, title IX, § 9215(n)(3), Dec. 10, 2015, 129 Stat. 2169; Pub. L. 115–224, title I, § 112, July 31, 2018, 132 Stat. 1579.)

cite as: 20 USC 2323

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