1. Education: The New Federalism! Spring Forum 2017
May 10-12, 2017
Perkins V
Michael L. Brustein, Esq.
Mike Bender, Esq.

2. Implementation Issues under Perkins IV
“Improve” CTE Three-Year Rule?, Sec. 135(a).
Student Tutors, Not Remedial, Sec. 3(5).
Transportation & Lodging, Only for Special Pops.
Use of Funds (Mandatory v. Permissive), Sec. 135.
Supplanting, Sec. 311(a).
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3. Implementation Issues under Perkins IV
Size, Scope, and Quality, Sec. 134(b)(6).
Completed Local Application, Sec. 134.
Programs of Study, Sec. 122(c)(1)(A).
Negotiation with and Input from Locals, Sec. 113(b).
Connection between Performance and Funding.
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4. PERKINS V Why do you want a reauthorization?
What does reauthorization mean to you?
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5. Perkins V
House passed legislation to reauthorize the law early in September
Senate was set to mark up draft legislation September 21st, but was postponed indefinitely
Reportedly over Democrats’ concerns regarding Secretarial authority
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6. Purpose of Act Largely stay the same
Academic and technical skills acquisition via CTE programs/programs of study
Alignment with high skill, high wage, or high demand occupations in current or emerging professions
Dissemination of best practices
Give states and locals flexibility
Support TA and PD
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7. Within State Allocation
Once funds come to the state:
Off the top of the entire state allotment states can choose to put funds into corrections
Current law cap is one percent
This proposal increases cap to two percent
5% or $250,000 state admin (matched)
10% for state leadership
85% to locals
Increase from 10% to 15% for reserve fund
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8. Reserve Fund Increases cap from 10% to 15%
Maintains focus on rural areas, areas with high percentage
or numbers of CTE concentrators or participants
Shifts focus to:
Innovation through the identification and promotion of promising and proven CTE programs, practices and strategies, which may include practices and strategies that prepare individuals for non traditional fields OR
Promote the development, implementation and adoption of POS or career pathways aligned with the state- identified in-demand occupations or industries
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9. State Plan – Plan Submission
Two options:
Combined state plan with WIOA
Single state plan (current construct)
Length of plan changed from six years to four years
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10. State Leadership (required)
Adds in a provision about state leadership activities being provided directly or “through grants”
Required uses of funds reduced:
Current law: 9 required uses
House Bill: 7 required uses
Key focus areas:
CTE POS Development
Correctional Facilities / Juvenile Justice Engagement
POS Approval Processes
Articulation Agreements
Statewide Partnerships
Professional Development
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11. State Leadership (permissive)
Current Law: 17 permissive uses
House Bill: 15 permissive uses
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12. Local Formulas State still decides secondary and post secondary split
State to local formulas – both secondary and post secondary remain the same as current law
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13. Local Application Plan period aligned to state plan period (4 years)
States still have significant authority over contents of local application
Overall dramatically reduces local plan requirements to four pieces:
Results of a comprehensive “needs assessment”
Information on POS development
How they will provide supportive services such as career exploration, info, and guidance
Special pops/non-traditional support
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14. Needs Assessment Must do this in order to be eligible for funding
Evaluates the following:
How students being served perform on indicators
How programs being offered are:
Sufficient size/scope/quality; aligned to in-demand occupations; designed to meet needs outside of in-demand
How they will implement CTE POS
How they ensure equitable access to programs
How they will support teachers/instructors
Similar consultative process to the State’s state plan development
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15. Restructuring of Section 135 Local Use of Funds
Develop, coordinate, implement, or improve to meet needs assessment
Nine mandatory uses reduced to seven
15 permissible uses connected to programs of study
Local pooling of funds
5% local administration
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16. State Improvement Plans
If a state fails to meet 90% of state adjusted level of performance levels, an improvement plan is initiated.
If a state fails to meet or make an improvement in meeting any of the state adjusted levels of performance during the first two years of implementation:
Shall revise such improvement plan to address the reasons for failure.
Shall continue to implement such improvement plan until the agency meets at least 90% of the state adjusted level of performance for the same core individuals for which the plan is revised.
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17. Local Improvement Plans
Removes state authority to sanction/withhold funds from locals due to performance
Failure to meet 90% of target requires local improvement plan
Fails to meet any local adjusted levels of performance (90% threshold) during a number of years determined by eligible agency
Revise improvement plan for such failure
Shall continue to implement the improvement plan until such recipient meets the 90% threshold
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18. A Brief History Lesson….
Perkins IV was a new era of increased accountability
Separate secondary and postsecondary measures
Performance levels at state and local levels
Sanctions
Data reported must be disaggregated by population groups as described in ESEA
Achievement gaps had to be identified and quantified
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19. Secondary Indicators
Academic achievement - Student attainment of challenging academic content standards and student academic achievement standards, aligned to ESEA.
Student attainment of career and technical skill proficiencies, including student achievement on technical assessments that are aligned with industry– recognized standards, if available and appropriate.
Student rates of attainment of each of the following :
A secondary school diploma
A GED credential, or other state recognized standards for individuals with disabilities
A proficiency credential, certificate or degree, in conjunction with a secondary school diploma (if offered by the state)
Student graduation rates as defined by ESEA
Student placement in post-secondary education or advanced training, in military service or in employment
Student participation in and completion of CTE programs that lead to nontraditional fields.
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20. Post-secondary indicators
Student attainment of challenging career and technical skill proficiencies, including student achievement on technical assessments, that are aligned with industry recognized standards if available and appropriate
Student attainment of an industry recognized credential, a certificate or a degree
Student retention in post-secondary education or transfer to a baccalaureate degree program
Student placement in military service or apprenticeship programs or placement or retention in employment including placement in high-skill, high wage or high demand occupations or professions
Student participation in, and completion of CTE programs that lead to employment in non-traditional fields.
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21. Streamlining Accountability: Perkins IV to V
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22. Accountability Changes in Perkins V
The Bill aims to strengthen alignment among ESSA, WIOA, and Perkins.
Alignment of performance indicators and coordination of federal reporting requirements.
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23. Changes Continued…
H.R introduces formal definitions for CTE Concentrators and Participants.
CTE Concentrator
At the secondary level, a concentrator is defined as a student who completes three (note: not required to be in the same program area) or more CTE courses or two or more courses in a single program area.
At the post-secondary level, a concentrator is a student who earns 12 cumulative credits in a single program area or completes a program that encompasses fewer than 12 credits.
CTE Participant
An individual who completes at least one CTE course or earns at least one credit in a CTE program or program of study.
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24. Concerns from the Field
These definitions have not appeared in the statute, and it was assumed that the omissions were deliberate.
States have used their own definition of the secondary CTE concentrator definition. For example:
A student who earned three or more credits/completed 3 courses in a single CTE program area (with minor variations) – 18 states;
A student who earned two or more credits/completed 2 courses in a single CTE program area (with minor variations) – 14 states;
A student who completed 50% or more of a defined secondary program sequence – 12 states; and
Other definitions, ranging from 1 to 4 credits or a mix of requirements – 7 states.
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25. Concerns continued…
The proposed definition incorporates two very distinct student populations—those exploring various career opportunities (“explorers” in the research literature) and others who are invested in a single career pathway (“concentrators”)— and thus undermining the law’s ability to measure a common student population.
Merging two separate student subpopulations into a single definition creates inconsistencies with prior research, limits the ability of the field to conduct longitudinal analyses of CTE student performance, reduces the ability of the field to speak a common language, and undermines the comparability of Perkins data and outcomes. Overall, very confusing to educators on the ground.
Source: Association for Career and Technical Education and National Alliance for Partnerships in Equity.
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26. Secondary Core Indicators of Performance
Graduation - % of CTE Concentrators
Four-year cohort graduation rate (aligned to ESSA) AND
At the state’s discretion, the extended-year adjusted cohort graduation rate
Academic achievement - % of CTE Concentrators
Attainment of state academic standards and measures by academic assessments (aligned to ESSA)
Student Placement two quarters after exiting secondary education in either further postsecondary education or training, military service, or unsubsidized employment
Technical skill attainment removed
New - measure of CTE program quality
The percentage of CTE concentrators in CTE programs that lead to nontraditional fields
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27. Postsecondary Indicators
Student Placement, two quarters after program completion, in further education or training, advanced training, or unsubsidized employment.
Median earnings two quarters after program completion.
Attainment of recognized postsecondary credentials during a program or within one year of program completion.
The percentage of CTE concentrators in CTE programs that lead to nontraditional fields.
Note: 1P technical skill attainment and 3P1 student retention or transfer are both out.
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28. State Performance Targets
No “negotiation” with feds
Secretary approves first two years of targets as part of state plan approval or disapproval
States submit targets for year three and beyond
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29. Maintenance of Effort Revise Sec. 311(b):
State’s fiscal effort per student, or the aggregate expenditures of such State, with respect to CTE for the preceding fiscal year must not be less than the fiscal effort per student, or the aggregate expenditures of such State, for the second preceding fiscal year.
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30. MOE (cont.)
States may:
Continue to use the amount as was in effect on the day before the date of enactment of the bill; or
Establish a new level of fiscal effort.
The amount of the new level shall be the State’s fiscal effort for the first full fiscal year following the enactment of such Act
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31. MOE (cont.) If State fails to make MOE…
ED will reduce the amount of a State’s allotment of funds for any fiscal year in the exact proportion by which the State falls below the State’s fiscal effort (using the measure most favorable to the State) IF
The State failed to meet MOE for 1 or more of the 5 immediately preceding fiscal years.
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33. Legal Disclaimer
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