Perkins V Michael Brustein, Esq. Megan Passafaro, Esq. mbrustein@bruman.com mpassafaro@bruman.com WWW.BRUMAN.COM

Please visit http://bruman.participoll.com/ Perkins Quiz! Please visit http://bruman.participoll.com/ Keep the website open! Note: You may access it from your phone or computer Brustein & Manasevit, PLLC © 2018. All rights reserved.

How many years has the federal government provided support to CTE? http://bruman.participoll.com/ 55 years 101 years 38 years 34 years Brustein & Manasevit, PLLC © 2018. All rights reserved. A B C D

What is the consequence of aN lea or college refusing to participate in Perkins? http://bruman.participoll.com/ Nothing Loss of Title I funds Loss of Pell funds A violation of the Civil Rights laws A B C D Brustein & Manasevit, PLLC © 2018. All rights reserved.

Must federal Perkins funds be used to improve CTE programs? http://bruman.participoll.com/ Yes No Brustein & Manasevit, PLLC © 2018. All rights reserved. A B

How many programs of study must a college or lea implement? http://bruman.participoll.com/ None One At least two They must invest in only programs of study A B C D Brustein & Manasevit, PLLC © 2018. All rights reserved.

Must colleges and leas directly charge the 5% local administrative costs? http://bruman.participoll.com/ All administrative costs must be directly charged Administrative costs may be charged on a direct or indirect or combination basis Administrative costs can only be reimbursed on an indirect cost basis A B C Brustein & Manasevit, PLLC © 2018. All rights reserved.

May Perkins funds support a cost this year that was paid from nonfederal funds last year? http://bruman.participoll.com/ Yes, as long as the cost is necessary for the CTE program No, it would be a supplanting violation If nonfederal funds were ever used to support a cost, federal funds can never be used. A B C Brustein & Manasevit, PLLC © 2018. All rights reserved.

May Perkins funds be used to pay membership costs to professional organizations? http://bruman.participoll.com/ Yes, as long as it benefits the CTE program Perkins funds may not be used for professional development Yes, as long as the individual is a CTE administrator or instructor Perkins funds may only be used for institutional membership A B C D Brustein & Manasevit, PLLC © 2018. All rights reserved.

May Perkins funds be used to pay for the cost of meals at conferences? http://bruman.participoll.com/ Perkins funds may never be used to pay for meals If a college or LEA is the sponsor/host of the conference, Perkins funds may be used to pay for meals If a vendor is hosting the conference, Perkins funds paid to the vendor may be used for meals. A B C Brustein & Manasevit, PLLC © 2018. All rights reserved.

May Perkins funds be used to pay for participant costs at CTSO skill competitions? http://bruman.participoll.com/ Yes Only if the participants are members of special populations Never A B C Brustein & Manasevit, PLLC © 2018. All rights reserved.

May Perkins funds ever be used to provide direct support to special population students for transportation? http://bruman.participoll.com/ Yes No Brustein & Manasevit, PLLC © 2018. All rights reserved. A B

STRENGTHENING CAREER AND TECHNICAL EDUCATION FOR THE 21ST CENTURY ACT GENERAL OBSERVATIONS Path to enactment Challenges for S/P and L/P development and implementation Limitations on OCTAE Not transformative legislation Pay attention to: “shall vs. may” “and” vs. “or” Brustein & Manasevit, PLLC © 2018. All rights reserved.

Does Perkins V provide more flexibility? “This reauthorization makes important updates to the law . . . so that States don’t have to ask ‘Mother, may I’ when they want to make changes” -Senator Lamar Alexander (Committee on Health, Education, Labor, and Pensions hearing, June 2018) Brustein & Manasevit, PLLC © 2018. All rights reserved.

Does Perkins V provide more flexibility? Aligning spending with needs assessment Restrictions on 15% reserve funding Expansion of special populations Permissive uses of funds need to increase student achievement Can only pool funds for PD to support programs of study Permits career exploration to middle grades but Brustein & Manasevit, PLLC © 2018. All rights reserved.

ED Guide for the Submission of State Plans Option 1 – a One-Year Transition Plan for FY 2019. Then submit Perkins V State Plan in FY 2020 covering FY 2020-23. Option 2 – a Perkins V State Plan covers 5 years, including a transition year in FY 2019 and then a 4- year period covering FY 2020-23. Brustein & Manasevit, PLLC © 2018. All rights reserved.

ED Guide for the Submission of State Plans Option 1 Transition Plan: Narrative Descriptions - only certain items in the “Program Administration and Implementation” section are required! Only B.2.a-e (pgs. 14-15) and B.3.a (pg. 16) Brustein & Manasevit, PLLC © 2018. All rights reserved.

ED Guide for Submission of State Plans Option 1- Transition Plan Required Item: B.2.a.: Describe the CTE programs or programs of study (POS) that will be supported, developed, or improved at the State level Include descriptions of the POS to be developed at the State level and made available for adoption by the eligible recipients Brustein & Manasevit, PLLC © 2018. All rights reserved.

ED Guide for Submission of State Plans Option 1- Transition Plan Required Item: B.2.b.: Describe process and criteria to be used for approved locally developed POS or career pathways Include how those programs address State workforce development and education needs Include the criteria to assess the extent to which the local application (Sec. 132) will: Promote continuous improvement in academic achievement and technical skill attainment Expand access to CTE for special pops Support the inclusion of employability skills in POS and career pathways Brustein & Manasevit, PLLC © 2018. All rights reserved.

ED Guide for Submission of State Plans Option 1- Transition Plan Required Item: B.2.c.: Describe how the agency will: Make information on approved POS and career pathways available to students (and parents), reps of secondary and postsecondary education, and special pops and provide that information in a language those individuals can understand Facilitate collaboration among eligible recipients in development and coordination of CTE programs, POS, and career pathways that include multiple entry and exit points Brustein & Manasevit, PLLC © 2018. All rights reserved.

ED Guide for Submission of State Plans Option 1- Transition Plan Required Item: B.2.c. (cont.): Describe how the agency will: Use State, regional, or local labor market data to determine alignment of eligible recipients’ POS to the needs of the economy Ensure equal access for special pops Coordinate with State board to support local development of career pathways and articulate career pathways development by local WIBs Support effective and meaningful collaboration between S/PS institutions and employers to provide students experience in all aspects of industry Improve outcomes and reduce performance gaps Brustein & Manasevit, PLLC © 2018. All rights reserved.

ED State Guide for Submission of State Plans Option 1- Transition Plan Required Item: B.2.d.: Describe how the eligible agency, if it chooses to do so, will include the opportunity for secondary school students to participate in: Dual or concurrent enrollment programs, Early college high school, or Competency-based education Brustein & Manasevit, PLLC © 2018. All rights reserved.

ED Guide for Submission of State Plans Option 1- Transition Plan Required Item: B.2.e.: Describe how the eligible agency will involve the following individuals in the planning, development, implementation, and evaluation of its CTE programs: Parents, Academic and CTE teachers, Local business (including small businesses), Labor organizations, and Reps of Indian Tribes and Tribal organizations (as appropriate) Brustein & Manasevit, PLLC © 2018. All rights reserved.

ED Guide for Submission of State Plans Option 1- Transition Plan Required Item: B.3.a.: Describe its program strategies for special pops, including how special pops: Will be provided with equal access Will not be discriminated against on the basis of status as a member of a special pop Will be provided with programs designed to enable special pops to meet or exceed State levels of performance, and prepare special pops for further learning and for high-skill, high-wage, or in-demand industry sectors or occupations Brustein & Manasevit, PLLC © 2018. All rights reserved.

ED Guide for Submission of State Plans Option 1- Transition Plan Required Item: B.3.a. (cont.): Describe its program strategies for special pops, including how special pops: Will be provided appropriate accommodations Will be provided instruction and work-based learning opportunities in integrated settings that support competitive, integrated employment Brustein & Manasevit, PLLC © 2018. All rights reserved.

Must federal funds be used to “improve”? Section 135(a) Eliminates requirement to “improve” CTE Now “or improve” Brustein & Manasevit, PLLC © 2018. All rights reserved.

Can federal funds be used to support academic instruction? Sec. 2: Purpose of Perkins is to “develop more fully the academic knowledge of . . . students who elect to enroll in CTE programs and programs of study” Sec. 3(5): definition of CTE includes “rigorous academic content” Sec. 135(b)(4): must use Perkins funds to “support the integration of academic skills into CTE programs and programs of study” Brustein & Manasevit, PLLC © 2018. All rights reserved.

Can State withhold funds to locals? Section 134 Perkins I-IV used term “local plan” Perkins V uses term “local application” Does this change mean that Perkins is no longer a formula program? Can States deny funding without due process? Brustein & Manasevit, PLLC © 2018. All rights reserved.

Special Populations Requires “equal access” to CTE Sec. 122 State Plan Sec. 134 Local Application New/expanded categories Out-of-workforce individuals English learners Homeless Foster care Youth with parent in Armed Forces Brustein & Manasevit, PLLC © 2018. All rights reserved.

Out-of-School Youth WIOA definition applies: Means an individual who is— not attending any school (WIOA § 129(a)(1)(B)) Section 135(b)(5)(N): may use Perkins funds for support for CTE programs for adults and out-of-school youth concurrent with their completion of their secondary school education in a school or other educational setting How does this work??? Brustein & Manasevit, PLLC © 2018. All rights reserved.

Maintenance of Effort- Sec. 211 Calculating fiscal effort Removes state competitive or incentive-based programs Option to reestablish State MOE baseline levels Recalculate 5% from 7/1/18 – 6/30/19 Brustein & Manasevit, PLLC © 2018. All rights reserved.

Maintenance of Effort- Sec. 211 Diminished consequences Proportionate reduction One waiver over a 5-year period Brustein & Manasevit, PLLC © 2018. All rights reserved.

Supplanting and CTSO costs Sec. 135(b)(5): may use Perkins funds for supporting CTSOs, including student preparation for and participation in technical skills competitions BUT OCTAE Perkins IV guidelines limited use on CTSO costs How do you avoid supplanting? Brustein & Manasevit, PLLC © 2018. All rights reserved.

States and restrictive policies Can States use more restrictive policies on eligible recipients? Direct support services? No consumable supplies? Brustein & Manasevit, PLLC © 2018. All rights reserved.

“Comparable” State levels of performance Sec. 113(b)(3)(A)(i): State levels of performance need to be comparable with the State levels of performance established for other States How will States know if comparable? Timeframe to complete this? Grounds for Secretary disapproving a State plan? Brustein & Manasevit, PLLC © 2018. All rights reserved.

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