1. U.S. Code
  2. title 20
  3. chapter 44
  4. subchapter II
  5. part A
  6. § 2391

Collapse to view only § 2391. Fiscal requirements

§ 2391. Fiscal requirements
(a) Supplement not supplant
(b) Maintenance of effort
(1) Determination
(A) In general
(B) Computation
(C) Decrease in Federal support
(D) Establishing the state baseline
For purposes of applying subparagraph (A) for years which require the calculation of the State’s fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education for the first full fiscal year following July 31, 2018, the State may determine the State’s fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education for such first full fiscal year by—
(i) continuing to use the State’s fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education, as was in effect on the day before July 31, 2018; or
(ii) establishing a new level of fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education, which is not less than 95 percent of the State’s fiscal effort per student, or the aggregate expenditures of such State, with respect to career and technical education for the preceding fiscal year.
(2) Failure to meet
(A) In general
(B) Special rule
(3) Waiver
(Pub. L. 88–210, title II, § 211, formerly title III, § 311, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 742; renumbered title II, § 211, and amended Pub. L. 115–224, title II, § 201(a)(1), (5), (6), July 31, 2018, 132 Stat. 1620, 1621.)

CITE AS: 20 USC 2391

§ 2392. Authority to make payments

Any authority to make payments or to enter into contracts under this chapter shall be available only to such extent or in such amounts as are provided in advance in appropriation Acts.

(Pub. L. 88–210, title II, § 212, formerly title III, § 312, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 743; renumbered title II, § 212, Pub. L. 115–224, title II, § 201(a)(5), (6), July 31, 2018, 132 Stat. 1621.)

CITE AS: 20 USC 2392

§ 2393. Construction

Nothing in this chapter shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of a private, religious, or home school, regardless of whether a home school is treated as a private school or home school under State law. This section shall not be construed to bar students attending private, religious, or home schools from participation in programs or services under this chapter.

(Pub. L. 88–210, title II, § 213, formerly title III, § 313, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 743; renumbered title II, § 213, Pub. L. 115–224, title II, § 201(a)(5), (6), July 31, 2018, 132 Stat. 1621.)

CITE AS: 20 USC 2393

§ 2394. Voluntary selection and participation
No funds made available under this chapter shall be used—
(1) to require any secondary school student to choose or pursue a specific career pathway or program of study; or
(2) to mandate that any individual participate in a career and technical education program, including a career and technical education program that requires the attainment of a federally funded skill level, standard, or certificate of mastery.
(Pub. L. 88–210, title II, § 214, formerly title III, § 314, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 743; renumbered title II, § 214, and amended Pub. L. 115–224, title II, § 201(a)(2), (5), (6), July 31, 2018, 132 Stat. 1621.)

CITE AS: 20 USC 2394

§ 2395. Limitation for certain students

No funds received under this chapter may be used to provide career and technical education programs or programs of study to students prior to the the 1

1 So in original.
middle grades (as such term is defined in section 7801 of this title), except that equipment and facilities purchased with funds under this chapter may be used by such students.

(Pub. L. 88–210, title II, § 215, formerly title III, § 315, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 744; renumbered title II, § 215, and amended Pub. L. 115–224, title II, § 201(a)(3), (5), (6), July 31, 2018, 132 Stat. 1621.)

CITE AS: 20 USC 2395

§ 2396. Federal laws guaranteeing civil rights

Nothing in this chapter shall be construed to be inconsistent with applicable Federal law prohibiting discrimination on the basis of race, color, sex, national origin, age, or disability in the provision of Federal programs or services.

(Pub. L. 88–210, title II, § 216, formerly title III, § 316, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 744; renumbered title II, § 216, Pub. L. 115–224, title II, § 201(a)(5), (6), July 31, 2018, 132 Stat. 1621.)

CITE AS: 20 USC 2396

§ 2397. Participation of private school personnel and children
(a) Personnel
(b) Student participation
(1) Student participation
(2) Consultation
(Pub. L. 88–210, title II, § 217, formerly title III, § 317, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 744; renumbered title II, § 217, and amended Pub. L. 115–224, title II, § 201(a)(4)–(6), July 31, 2018, 132 Stat. 1621.)

CITE AS: 20 USC 2397

§ 2398. Limitation on Federal regulations

The Secretary may issue regulations under this chapter only to the extent necessary to administer and ensure compliance with the specific requirements of this chapter.

(Pub. L. 88–210, title II, § 218, formerly title III, § 318, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 744; renumbered title II, § 218, Pub. L. 115–224, title II, § 201(a)(5), (6), July 31, 2018, 132 Stat. 1621.)

CITE AS: 20 USC 2398

§ 2399. Study on programs of study aligned to high-skill, high-wage occupations
(a) Scope of studyThe Comptroller General of the United States shall conduct a study to evaluate—
(1) the strategies, components, policies, and practices used by eligible agencies or eligible recipients receiving funding under this chapter to successfully assist—
(A) all students in pursuing and completing programs of study aligned to high-skill, high-wage occupations; and
(B) any special population or specific subgroup of students identified in section 6311(h)(1)(C)(ii) of this title in pursuing and completing programs of study aligned to high-skill, high-wage occupations in fields in which such special population or subgroup is underrepresented; and
(2) any challenges associated with replication of such strategies, components, policies, and practices.
(b) ConsultationIn carrying out the study conducted under subsection (a), the Comptroller General of the United States shall consult with a geographically diverse (including urban, suburban, and rural) representation of—
(1) students and parents;
(2) eligible agencies and eligible recipients;
(3) teachers, faculty, specialized instructional support personnel, and paraprofessionals, including those with expertise in preparing career and technical education students for non-traditional fields;
(4) Indian Tribes and Tribal organizations;
(5) special populations; and
(6) representatives of business and industry.
(c) Submission
(Pub. L. 88–210, title II, § 219, as added Pub. L. 115–224, title II, § 201(a)(8), July 31, 2018, 132 Stat. 1621.)

CITE AS: 20 USC 2399