1. Perkins V Michael Brustein, Esq. Megan Passafaro, Esq.

2. Please visit http://bruman.participoll.com/
Perkins Quiz!
Please visit
Keep the website open!
Note: You may access it from your phone or computer
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3. How many years has the federal government provided support to CTE?
55 years
101 years
38 years
34 years
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4. What is the consequence of aN lea or college refusing to participate in Perkins?
Nothing
Loss of Title I funds
Loss of Pell funds
A violation of the Civil Rights laws A B C D
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5. Must federal Perkins funds be used to improve CTE programs?
Yes No
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6. How many programs of study must a college or lea implement?
None
One
At least two
They must invest in only programs of study A B C D
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7. Must colleges and leas directly charge the 5% local administrative costs?
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
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8. May Perkins funds support a cost this year that was paid from nonfederal funds last year?
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
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9. May Perkins funds be used to pay membership costs to professional organizations?
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
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10. May Perkins funds be used to pay for the cost of meals at conferences?
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
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11. May Perkins funds be used to pay for participant costs at CTSO skill competitions?
Yes
Only if the participants are members of special populations
Never A B C
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12. May Perkins funds ever be used to provide direct support to special population students for transportation?
Yes No
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13. 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”
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14. 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)
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15. 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
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16. ED Guide for the Submission of State Plans
Option 1 – a One-Year Transition Plan for FY Then submit Perkins V State Plan in FY 2020 covering FY
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
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17. 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 ) and B.3.a (pg. 16)
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18. 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
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19. 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
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20. 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
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21. 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
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22. 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
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23. 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)
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24. 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
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25. 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
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26. Must federal funds be used to “improve”?
Section 135(a)
Eliminates requirement to “improve” CTE
Now “or improve”
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27. 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”
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28. 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?
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29. 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
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30. 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???
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31. 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
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32. Maintenance of Effort- Sec. 211
Diminished consequences
Proportionate reduction
One waiver over a 5-year period
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33. 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?
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34. States and restrictive policies
Can States use more restrictive policies on eligible recipients?
Direct support services?
No consumable supplies?
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35. “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?
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36. Brustein & Manasevit, PLLC © 2018. All rights reserved.

37. Legal Disclaimer
This presentation is intended solely to provide general information and does not constitute legal advice or a legal service.  This presentation does not create a client-lawyer relationship with Brustein & Manasevit, PLLC and, therefore, carries none of the protections under the D.C. Rules of Professional Conduct.  Attendance at this presentation, a later review of any printed or electronic materials, or any follow-up questions or communications arising out of this presentation with any attorney at Brustein & Manasevit, PLLC does not create an attorney-client relationship with Brustein & Manasevit, PLLC.  You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances.