20 U.S.C. § 2343: Improvement plans

Summary

If a State misses at least 90 percent of its own target for any main performance measure for career and technical education concentrators, the State must create and carry out a program improvement plan. The plan must look at where performance lags and say what actions will fix those gaps. The State must work with other agencies, people, and organizations to make the plan during the first program year after the year it missed the target. If the U.S. Secretary finds the State is not doing its duties or not making enough progress—even after the plan—the Secretary will help with improvement work and, after giving notice and a chance for a hearing, may withhold some or all of certain federal funds if the State fails to use the plan or fails to reach at least 90 percent of the target for the same measure for 2 consecutive years. The Secretary can waive that withholding for major events beyond the State’s control, like a natural disaster or a sudden big drop in state funds. Any withheld money must be used for technical help, to improve the plan, or for other improvement activities. While the State is carrying out an improvement plan, it may not change its performance targets. Each year the State must check how each local recipient is doing against agreed local performance targets. If a local recipient fails to meet at least 90 percent of a local target for any core measure for all CTE concentrators, the local recipient must make and carry out a program improvement plan that analyzes gaps and lists actions to fix them, made with local stakeholders, the State, and others during the first program year after the failing year. The State will provide help if the local recipient is not doing its duties or not making progress. After notice and a hearing, the State may withhold some or all of a local recipient’s funds if it does not implement the plan or fails to meet at least 90 percent of the local target for the same measure for 2 consecutive years. The State may waive withholding for uncontrollable events (like a natural disaster), for a sudden big drop in the recipient’s funding, or when small program size affects reported performance and the State agrees. Withheld local funds must be used, through other arrangements, to provide services and activities to students in the area. While carrying out an improvement plan, the local recipient may not change its performance targets.

Title 20, §2343

Education, Source: USLM XML via OLRC

(a)State program improvement

(1)Plan

If a State fails to meet at least 90 percent of the State determined level of performance for any of the core indicators of performance described in 2323(b)(2) of this title for all CTE concentrators, the eligible agency shall develop and implement a program improvement plan (that includes an analysis of the performance disparities or gaps identified under section 2323(b)(3)(C)(ii)(II) of this title, and actions that will be taken to address such gaps) in consultation with the appropriate agencies, individuals, and organizations during the first program year succeeding the program year for which the eligible agency failed to so meet the State determined level of performance for any of the core indicators of performance.

(2)Technical assistance

If the Secretary determines that an eligible agency is not properly implementing the eligible agency’s responsibilities under section 2342 of this title, or is not making substantial progress in meeting the purposes of this section, including after implementation of the improvement plan described in paragraph (1),, based on the State determined levels of performance, the Secretary shall work with the eligible agency to implement the improvement activities consistent with the requirements of this chapter.

(3)Subsequent action

(A)In general

The Secretary may, after notice and opportunity for a hearing, withhold from an eligible agency all, or a portion, of the eligible agency’s allotment under paragraphs (2) and (3) of section 2322(a) of this title if the eligible agency—

(i)fails to implement an improvement plan as described in paragraph (1); or

(ii)with respect to any specific core indicator of performance that was identified in a program improvement plan under paragraph (1), fails to meet at least 90 percent of a State determined level of performance for such core indicator for 2 consecutive years after the eligible agency has been identified for improvement under such paragraph.

(B)Waiver for exceptional circumstances

The Secretary may waive the sanction in subparagraph (A) due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State.

(4)Funds resulting from reduced allotments

The Secretary shall use funds withheld under paragraph (3) for a State served by an eligible agency to provide technical assistance, to assist in the development of an improved State improvement plan, or for other improvement activities consistent with the requirements of this chapter for such State.

(5)Adjustments prohibited

An eligible agency shall not be eligible to adjust performance levels while executing an improvement plan under this section.

(b)Local program improvement

(1)Local evaluation

Each eligible agency shall evaluate annually, using the local levels of performance described in section 2323(b)(4) of this title, the career and technical education activities of each eligible recipient receiving funds under this subchapter.

(2)Plan

If, after reviewing the evaluation in paragraph (1), the eligible agency determines that an eligible recipient failed to meet at least 90 percent of an agreed upon local level of performance for any of the core indicators of performance described in section 2323(b)(4) of this title for all CTE concentrators, the eligible recipient shall develop and implement a program improvement plan (that includes an analysis of the performance disparities or gaps identified under section 2323(b)(3)(C)(ii)(II) of this title, and actions that will be taken to address such gaps) in consultation with local stakeholders described in section 2354(d)(1) of this title, the eligible agency, and appropriate agencies, individuals, and organizations during the first program year succeeding the program year for which the eligible recipient failed to so meet any of the local levels of performance for any of the core indicators of performance.

(3)Technical assistance

If the eligible agency determines that an eligible recipient is not properly implementing the eligible recipient’s responsibilities under section 2354 of this title, or is not making substantial progress in meeting the purposes of this chapter, based on the local levels of performance, the eligible agency shall work with the eligible recipient to implement improvement activities consistent with the requirements of this chapter.

(4)Subsequent action

(A)In general

The eligible agency may, after notice and opportunity for a hearing, withhold from the eligible recipient all, or a portion, of the eligible recipient’s allotment under this subchapter if the eligible recipient—

(i)fails to implement an improvement plan as described in paragraph (2); or

(ii)with respect to any specific core indicator of performance that was identified in a program improvement plan under paragraph (2), fails to meet at least 90 percent of the local level of performance for such core indicator for 2 consecutive years after the eligible recipient has been identified for improvement under such paragraph.

(B)Waiver for exceptional circumstances

In determining whether to impose sanctions under subparagraph (A), the eligible agency may waive imposing sanctions—

(i)due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the eligible recipient;

(ii)based on the impact on the eligible recipient’s reported performance of the small size of the career and technical education program operated by the eligible recipient; or

(iii)in response to a public request from an eligible recipient, if the eligible agency determines that the requirements described in clause (i) or (ii) have been met.

(5)Funds resulting from reduced allotments

The eligible agency shall use funds withheld under paragraph (4) from an eligible recipient to provide (through alternative arrangements) services and activities to students within the area served by such recipient to meet the purposes of this chapter.

(6)Adjustments prohibited

An eligible recipient shall not be eligible to adjust performance levels while executing an improvement plan under this section.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2343, Pub. L. 88–210, title I, § 123, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3106, related to improvement plans, prior to the general amendment of this chapter by Pub. L. 109–270. Another prior section 2343, Pub. L. 88–210, title II, § 240, as added Pub. L. 101–392, title II, § 201, Sept. 25, 1990, 104 Stat. 784, related to local applications, prior to the general amendment of this chapter by Pub. L. 105–332.

Amendments

2018—Subsec. (a)(1). Pub. L. 115–224, § 123(1)(A), substituted “percent of the” for “percent of an agreed upon”, “State determined level of performance” for “State adjusted level of performance” in two places, “2323(b)(2) of this title for all CTE concentrators” for “section 2323(b)(3) of this title”, and “(that includes an analysis of the performance disparities or gaps identified under section 2323(b)(3)(C)(ii)(II) of this title, and actions that will be taken to address such gaps)” for “(with special consideration to performance gaps identified under section 2323(c)(2) of this title)”. Subsec. (a)(2). Pub. L. 115–224, § 123(1)(B), substituted “purposes of this section, including after implementation of the improvement plan described in paragraph (1),” for “purposes of this chapter” and “State determined levels of performance” for “State’s adjusted levels of performance”. Subsec. (a)(3)(A)(ii), (iii). Pub. L. 115–224, § 123(1)(C), added cl. (ii) and struck out former cls. (ii) and (iii) which read as follows: “(ii) fails to make any improvement in meeting any of the State adjusted levels of performance for the core indicators of performance identified under paragraph (1) within the first program year of implementation of its improvement plan described in paragraph (1); or “(iii) fails to meet at least 90 percent of an agreed upon State adjusted level of performance for the same core indicator of performance for 3 consecutive years.” Subsec. (a)(5). Pub. L. 115–224, § 123(1)(D), added par. (5). Subsec. (b). Pub. L. 115–224, § 123(2)(A), substituted “local level” for “local adjusted level” and “local levels” for “local adjusted levels” wherever appearing. Subsec. (b)(2). Pub. L. 115–224, § 123(2)(B)(ii), which directed substitution of “(that includes an analysis of the performance disparities or gaps identified under section 2323(b)(3)(C)(ii)(II) of this title, and actions that will be taken to address such gaps) in consultation with local stakeholders described in section 2354(d)(1) of this title, the eligible agency, and” for “(with special consideration to performance gaps identified under section 2323(b)(4)(C)(ii)(II) of this title in consultation with the eligible agency,”, was executed by making the substitution for text containing another closing parenthesis after “of this title”, to reflect the probable intent of Congress. Pub. L. 115–224, § 123(2)(B)(i), inserted “for all CTE concentrators” after “section 2323(b)(4) of this title”. Subsec. (b)(4)(A)(ii), (iii). Pub. L. 115–224, § 123(2)(C)(i), added cl. (ii) and struck out former cls. (ii) and (iii) which read as follows: “(ii) fails to make any improvement in meeting any of the local adjusted levels of performance for the core indicators of performance identified under paragraph (2) within the first program year of implementation of its improvement plan described in paragraph (2); or “(iii) fails to meet at least 90 percent of an agreed upon local adjusted level of performance for the same core indicator of performance for 3 consecutive years.” Subsec. (b)(4)(B)(iii). Pub. L. 115–224, § 123(2)(C)(ii), added cl. (iii). Subsec. (b)(6). Pub. L. 115–224, § 123(2)(D), added par. (6).

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title.

§2343 Improvement Plans