NACTEI 26 th Annual Conference Palm Springs, California “Perkins Fore”

1. NACTEI26th Annual ConferencePalm Springs, California“Perkins Fore” Michael Brustein Brustein & Manasevit 3105 South Street NW Washington, DC 20007 mbrustein@bruman.com www.bruman.com

2. “Fore!” is a warning shout in golf when a wildly struck ball threatens person(s) ahead.

3. The term stems from the Middle English (1200’s) meaning of “fore” as “ahead” or “front” such as foreshadow, foresee, forewarn …

4. JD must have known that Perkins would not be complete he wanted this conference to forewarn us of what to expect…

5. Current focus of Congress is on “COMPETITIVENESS” • What steps necessary to keep America competitive • Tom Friedman – “The World is Flat”

6. “COMPETITIVENESS” • Competitiveness has always been a mainstay of VEA/Perkins • Mean performance for CTE students on literacy is higher than all other high school students getting a diploma • NCES – Let’s use CTE Model • Scott Fleming

7. Current criticism of CTE often based on Perkins II data – but Perkins II sole focus was “special populations” • 100% of funds for programs with highest concentration of special populations

8. PART:Based on old data

9. The schizophrenia of Perkins is undermining support.Perkins II vs. Perkins III Thank Paul Weckstein Center for Law and Education

10. “There are still some places where administrative neglect leads to funds being spent on furniture and butterfly farms.” -Beto Gonzalez March 2006

11. “The number of students enrolled in agricultural and woodworking programs exceeds the number of jobs available.” -Tom Luce Assistant Secretary of Education March, 2006

12. OIG Report February 27, 2006 Overlapping of programs between OPE and OVAE

13. Perkins III – 7/01/99 6/30/04 • On 7/01/06 we enter the 8th year of the 5 year plan • GEPA Contingent Extension

14. Contrast to DOL / ETA Implementation of WIA Title I • DOL considers law expired • Is delay on faith-based worth it???

15. But OVAE is pushing the envelope on CTE reform: • Use rural reserve to target priorities, address accountability shortfalls • Emphasizing “size, scope, quality” of projects • Accentuate “State Administered” nature of program • Priorities • Caps / Minimums • Industries in demand • Local funds should address accountability

16. OVAE’s monitoring process is evolving • OIG / OCFO input • More focus on fiscal • Potential audit exposure • SEA monitoring of locals • Follow-up on corrective action plans • Risk based monitoring

17. Where does Congress stand on reauthorization?

18. “We are making progress. Work is being done on reauthorization outside the conference process.” -Scott Fleming April 10, 2006

19. “We expect to have a final bill sometime this summer. It must be done prior to the appropriation process.” -Scott Fleming April 10, 2006

20. If not completed by this Congress, start from scratch in January • Over the last ten months pushed back by: • Supreme Court vacancies • Katrina • Appropriations / Budget • Iraq / Iran • Abramoff • Energy

21. If Bill emerges in JulyTransition Year • New 6 year S/P and needs assessment • 7/01/06 to 4/30/07 • New local plans • 7/01/06 to 4/30/07 • OVAE Review • 5/01/07 to 6/30/07 • Effective date of Perkins IV • July 1, 2007

22. What is the impact of reauthorization on the OCR Guidelines?

23. What changes are certain? • Career pathways / model sequence of courses • Accountability with teeth • NCLB alignment

24. Reason for new sanctions- “If we are holding states accountable, then we have to keep locals accountable. -Whitney Rhoades

25. What changes are uncertain? • Tech Prep consolidation • The name of the law • Reduction in S/A • Flexibility on state reserve • Role of 4 year institutions

26. How do you administer Tech Prep without a Tech Prep Consortium?

27. Tech Prep Consortium “We are aware of the problem, and we hope to deal with it in conference.” -Whitney Rhoades

28. Section 134 / 135 of Perkins is the nucleus This nucleus remains effectively unchanged

29. 135(a) Each eligible recipient shall use such funds to IMPROVE CTE programs

30. 135(b) Required uses of funds 1) Strengthen the academic and CTE skills of participating students through integration of academic & CTE programs thru a coherent sequence, such as career pathways

31. 135(b) Required uses of funds cont… 2) Link secondary and postsecondary CTE by offering not less than one career pathway

32. 135(b) Required uses of funds cont… 3) Provide students with strong experience in and understanding all aspects of an industry

33. 135(b) Required uses of funds cont… 4) Develop, improve, or expand the use of technology in CTE, and related math and science education Training of CTE teachers in technology and distance learning Encouraging schools to collaborate with technology industries to offer voluntary interships and mentoring programs

34. 135(b) Required uses of funds cont… 5) Provide professional development for secondary & postsecondary teachers Inservice & preservice training in CTE and integrating CTE teachers with academic teachers Effective teaching skills based on SBR

35. 135(b) Required uses of funds cont… 6) Develop & implement evaluations of CTE programs carried out with Perkins Funds, including assessment of how the needs of special populations are met.

36. 135(b) Required uses of funds cont… 7) Initiate, improve, expand, modernize quality of CTE programs

37. 135(b) Required uses of funds cont… 8) Provide services and activities that are of sufficient size, scope, and quality to be effective.

38. 135(b) Required uses of funds cont… 9) Provide activities to prepare special populations, including single parents and D/H, for high skill, high wage, or high demand occupations.

39. 135(b) Required uses of funds cont… 10) ??? Incorporate the provisions of the current Tech Prep Education Act

40. Section 135(c) – Permissive Uses • Involve parents, business, labor • Career guidance • Business education partnerships • Programs for special populations • Work related experience, e.g. co-op • Support student organizations

41. Mentoring and support service • Equipment • Teacher preparation programs • Expand postsecondary programs that are accessible, such as distance learning • Support entrepreneurship education

42. Develop new career pathways • Family and consumer science • CTE programs for adults and school dropouts to complete secondary school education • Placement activities • Training in nontraditional fields

43. Provide accurate info on availability of supportive services • Support tech prep actitivies • Facilitate transition of sub-baccalaureate degree programs • Postsecondary dual and concurrent enrollment programs

44. Support small career-themed learning communities • Support other activities consistent with the Act.

45. Section 134 Local Plan • The eligible recipient must submit a local plan covering the same period as the state plan.

46. Section 134 Local Plan • Local Plan Contents • Describe how mandatory requirements will be satisfied • Describe how CTE programs will meet the adjusted levels of performance • Describe how at least one career pathway will be offered • Ensure that CTE students are taught to the same rigorous and challenging academic proficiencies for all students

47. Describe how outside groups are involved in the development and implementation of CTE programs • Assurance that CTE programs are of sufficient size, scope, quality to bring improvement

48. Describe the process used to evaluate the performance of the eligible recipient • Describe strategies to overcome barriers for special populations • Describe how special populations will not be discriminated against

49. Describe how funds will be used to promote nontraditional fields • Describe how guidance will be provided to CTE students, including linkages to WIA One-Stop System • Describe efforts to improve the recruitment and retention of CTE teachers

50. The continuing confusion on “FERPA” Can state education agency send state based agencies student records?