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

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NACTEINACTEI2626thth Annual Conference Annual ConferencePalm Springs, CaliforniaPalm Springs, California

“Perkins Fore”“Perkins Fore”Michael BrusteinMichael Brustein

Brustein & ManasevitBrustein & Manasevit3105 South Street NW 3105 South Street NW Washington, DC 20007Washington, DC 20007

mbrustein@bruman.commbrustein@bruman.comwww.bruman.comwww.bruman.com

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

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

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

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Current focus of Congress is on Current focus of Congress is on

“COMPETITIVENESS”“COMPETITIVENESS”

• What steps What steps necessary to keep necessary to keep America competitiveAmerica competitive

• Tom Friedman – Tom Friedman – “The World is Flat”“The World is Flat”

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““COMPETITIVENESS”COMPETITIVENESS”

• Competitiveness has always Competitiveness has always been a mainstay of been a mainstay of VEA/PerkinsVEA/Perkins

• Mean performance for CTE Mean performance for CTE students on literacy is higher students on literacy is higher than all other high school than all other high school students getting a diplomastudents getting a diploma

• NCES – Let’s use CTE ModelNCES – Let’s use CTE Model• Scott FlemingScott Fleming

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• Current criticism of CTE often Current criticism of CTE often based on Perkins II data – but based on Perkins II data – but Perkins II sole focus was Perkins II sole focus was “special populations”“special populations”

• 100% of funds for programs 100% of funds for programs with highest concentration of with highest concentration of special populationsspecial populations

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PART:PART:Based on old dataBased on old data

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The schizophrenia of Perkins The schizophrenia of Perkins is undermining support.is undermining support.

Perkins II vs. Perkins IIIPerkins II vs. Perkins III

Thank Paul Weckstein Thank Paul Weckstein

Center for Law and EducationCenter for Law and Education

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““There are still some There are still some places where places where administrative neglect administrative neglect leads to funds being leads to funds being spent on furniture and spent on furniture and butterfly farms.”butterfly farms.”

-Beto Gonzalez-Beto Gonzalez

March 2006March 2006

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““The number of The number of students enrolled in students enrolled in agricultural and agricultural and woodworking woodworking programs exceeds the programs exceeds the number of jobs number of jobs available.”available.”

-Tom Luce -Tom Luce

Assistant Secretary of EducationAssistant Secretary of Education

March, 2006March, 2006

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OIG Report OIG Report February 27, 2006February 27, 2006

Overlapping of Overlapping of programs between OPE programs between OPE and OVAEand OVAE

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• Perkins III – Perkins III – 7/01/997/01/996/30/046/30/04

• On 7/01/06 we enter the 8On 7/01/06 we enter the 8thth year of the 5 year planyear of the 5 year plan

• GEPA Contingent ExtensionGEPA Contingent Extension

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Contrast to DOL / ETA Contrast to DOL / ETA Implementation of WIA Title I Implementation of WIA Title I

• DOL considers law expiredDOL considers law expired• Is delay on faith-based Is delay on faith-based

worth it???worth it???

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But OVAE is pushing the But OVAE is pushing the envelope on CTE reform:envelope on CTE reform:

1.1. Use rural reserve to target priorities, address Use rural reserve to target priorities, address accountability shortfallsaccountability shortfalls

2.2. Emphasizing “size, scope, quality” of projectsEmphasizing “size, scope, quality” of projects

3.3. Accentuate “State Administered” nature of Accentuate “State Administered” nature of programprogram

• PrioritiesPriorities• Caps / MinimumsCaps / Minimums• Industries in demandIndustries in demand

4.4. Local funds should address accountability Local funds should address accountability

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OVAE’s monitoring process is OVAE’s monitoring process is evolvingevolving• OIG / OCFO inputOIG / OCFO input• More focus on fiscalMore focus on fiscal• Potential audit exposurePotential audit exposure• SEA monitoring of locals SEA monitoring of locals • Follow-up on corrective action Follow-up on corrective action

plansplans• Risk based monitoringRisk based monitoring

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Where does Congress stand on Where does Congress stand on reauthorization?reauthorization?

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““We are making We are making progress. Work is progress. Work is being done on being done on reauthorization outside reauthorization outside the conference the conference process.”process.”

-Scott Fleming-Scott Fleming

April 10, 2006April 10, 2006

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““We expect to have We expect to have a final bill sometime a final bill sometime this summer. It this summer. It must be done prior must be done prior to the appropriation to the appropriation process.”process.”

-Scott Fleming-Scott Fleming

April 10, 2006April 10, 2006

2020

• If not completed by this Congress, start from If not completed by this Congress, start from scratch in Januaryscratch in January

• Over the last ten months pushed back by:Over the last ten months pushed back by:• Supreme Court vacanciesSupreme Court vacancies• KatrinaKatrina• Appropriations / BudgetAppropriations / Budget• Iraq / IranIraq / Iran• AbramoffAbramoff• EnergyEnergy

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If Bill emerges in JulyIf Bill emerges in JulyTransition YearTransition Year• New 6 year S/P and needs assessmentNew 6 year S/P and needs assessment

• 7/01/06 to 4/30/077/01/06 to 4/30/07• New local plansNew local plans

• 7/01/06 to 4/30/077/01/06 to 4/30/07• OVAE Review OVAE Review

• 5/01/07 to 6/30/075/01/07 to 6/30/07• Effective date of Perkins IVEffective date of Perkins IV

• July 1, 2007July 1, 2007

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

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What changes are certain?What changes are certain?

1.1. Career pathways / model Career pathways / model sequence of coursessequence of courses

2.2. Accountability with teethAccountability with teeth

3.3. NCLB alignmentNCLB alignment

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Reason for new sanctions-Reason for new sanctions-

““If we are holding states If we are holding states accountable, then we have to accountable, then we have to keep locals accountable.keep locals accountable.

-Whitney Rhoades-Whitney Rhoades

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What changes are uncertain?What changes are uncertain?

1.1. Tech Prep consolidationTech Prep consolidation

2.2. The name of the lawThe name of the law

3.3. Reduction in S/AReduction in S/A

4.4. Flexibility on state reserveFlexibility on state reserve

5.5. Role of 4 year institutionsRole of 4 year institutions

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

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Tech Prep ConsortiumTech Prep Consortium

““We are aware of the problem, We are aware of the problem, and we hope to deal with it in and we hope to deal with it in conference.”conference.”

-Whitney Rhoades-Whitney Rhoades

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Section 134 / 135 of Perkins is Section 134 / 135 of Perkins is the nucleusthe nucleus

This nucleus remains effectively This nucleus remains effectively unchangedunchanged

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135(a)135(a)

Each eligible recipient Each eligible recipient shall use such funds to shall use such funds to IMPROVE CTE IMPROVE CTE programsprograms

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135(b) Required uses 135(b) Required uses of fundsof funds

1) Strengthen the 1) Strengthen the academic academic and and CTE skillsCTE skills of of participatingparticipating students students through integration of through integration of academicacademic & & CTECTE programs programs thru a thru a coherent sequencecoherent sequence, , such as such as career pathwayscareer pathways

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2) Link secondary and 2) Link secondary and postsecondary CTE by postsecondary CTE by offering not less than one offering not less than one career pathwaycareer pathway

135(b) Required uses 135(b) Required uses of funds cont…of funds cont…

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135(b) Required uses 135(b) Required uses of funds cont…of funds cont…

3) Provide students with 3) Provide students with strong experience in and strong experience in and understanding all aspects of understanding all aspects of an industryan industry

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135(b) Required uses 135(b) Required uses of funds cont…of funds cont…

4) Develop, improve, or expand the use of 4) Develop, improve, or expand the use of technology in CTE, and related math and technology in CTE, and related math and science educationscience education

•Training of CTE teachers in technology and Training of CTE teachers in technology and distance learningdistance learning

•Encouraging schools to collaborate with Encouraging schools to collaborate with technology industries to offer voluntary technology industries to offer voluntary interships and mentoring programsinterships and mentoring programs

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5) Provide professional development for 5) Provide professional development for secondary & postsecondary teacherssecondary & postsecondary teachers

•Inservice & preservice training in CTE Inservice & preservice training in CTE and integrating CTE teachers with and integrating CTE teachers with academic teachersacademic teachers

•Effective teaching skills based on Effective teaching skills based on SBRSBR

135(b) Required uses 135(b) Required uses of funds cont…of funds cont…

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6) Develop & implement 6) Develop & implement evaluations of CTE evaluations of CTE programs programs carried out with Perkins carried out with Perkins FundsFunds, including assessment , including assessment of how the needs of special of how the needs of special populations are met.populations are met.

135(b) Required uses 135(b) Required uses of funds cont…of funds cont…

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7) Initiate, improve, 7) Initiate, improve, expand, modernize quality expand, modernize quality of CTE programsof CTE programs

135(b) Required uses 135(b) Required uses of funds cont…of funds cont…

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8) Provide services and 8) Provide services and activities that are of sufficient activities that are of sufficient size, scope, and quality to be size, scope, and quality to be effective.effective.

135(b) Required uses 135(b) Required uses of funds cont…of funds cont…

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9) Provide activities to prepare 9) Provide activities to prepare special populations, including special populations, including single parents and D/H, for high single parents and D/H, for high skill, high wage, or high demand skill, high wage, or high demand occupations.occupations.

135(b) Required uses 135(b) Required uses of funds cont…of funds cont…

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10) ???10) ???

Incorporate the Incorporate the provisions of the current provisions of the current Tech Prep Education ActTech Prep Education Act

135(b) Required 135(b) Required uses of funds cont…uses of funds cont…

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Section 135(c) – Section 135(c) – Permissive UsesPermissive Uses

1.1. Involve parents, business, laborInvolve parents, business, labor

2.2. Career guidanceCareer guidance

3.3. Business education partnershipsBusiness education partnerships

4.4. Programs for special populationsPrograms for special populations

5.5. Work related experience, e.g. co-opWork related experience, e.g. co-op

6.6. Support student organizationsSupport student organizations

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7.7. Mentoring and support serviceMentoring and support service

8.8. EquipmentEquipment

9.9. Teacher preparation programsTeacher preparation programs

10.10. Expand postsecondary programs that Expand postsecondary programs that are accessible, such as distance are accessible, such as distance learninglearning

11.11. Support entrepreneurship educationSupport entrepreneurship education

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12.12. Develop new career pathwaysDevelop new career pathways

13.13. Family and consumer scienceFamily and consumer science

14.14. CTE programs for adults and school CTE programs for adults and school dropouts to complete secondary dropouts to complete secondary school educationschool education

15.15. Placement activitiesPlacement activities

16.16. Training in nontraditional fieldsTraining in nontraditional fields

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17.17. Provide accurate info on availability of Provide accurate info on availability of supportive servicessupportive services

18.18. Support tech prep actitiviesSupport tech prep actitivies

19.19. Facilitate transition of sub-Facilitate transition of sub-baccalaureate degree programsbaccalaureate degree programs

• Postsecondary dual and concurrent Postsecondary dual and concurrent enrollment programsenrollment programs

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20.20. Support small career-themed learning Support small career-themed learning communitiescommunities

21.21. Support other activities consistent with Support other activities consistent with the Act.the Act.

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Section 134Section 134 Local PlanLocal Plan

a)a) The eligible recipient must submit a The eligible recipient must submit a local plan covering the same period as local plan covering the same period as the state plan.the state plan.

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b)b) Local Plan ContentsLocal Plan Contents1)1) Describe how mandatory requirements Describe how mandatory requirements

will be satisfiedwill be satisfied2)2) Describe how CTE programs will meet Describe how CTE programs will meet

the adjusted levels of performancethe adjusted levels of performance3)3) Describe how at least one career Describe how at least one career

pathway will be offeredpathway will be offered4)4) Ensure that CTE students are taught to Ensure that CTE students are taught to

the same rigorous and challenging the same rigorous and challenging academic proficiencies for all studentsacademic proficiencies for all students

Section 134Section 134 Local PlanLocal Plan

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5)5) Describe how outside Describe how outside groups are involved in the groups are involved in the development and development and implementation of CTE implementation of CTE programsprograms

6)6) Assurance that CTE Assurance that CTE programs are of sufficient programs are of sufficient size, scope, quality to size, scope, quality to bring improvementbring improvement

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7)7) Describe the process used Describe the process used to to evaluateevaluate the performance the performance of the eligible recipientof the eligible recipient

8)8) Describe strategies to Describe strategies to overcome barriers for overcome barriers for special populationsspecial populations

9)9) Describe how special Describe how special populations will not be populations will not be discriminated againstdiscriminated against

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10)10)Describe how funds will be used Describe how funds will be used to promote nontraditional fieldsto promote nontraditional fields

11)11)Describe how guidance will be Describe how guidance will be provided to CTE students, provided to CTE students, including linkages to WIA One-including linkages to WIA One-Stop SystemStop System

12)12)Describe efforts to improve the Describe efforts to improve the recruitment and retention of recruitment and retention of CTE teachersCTE teachers

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The continuing confusion on The continuing confusion on “FERPA” “FERPA”

Can state education Can state education agency send state agency send state based agencies student based agencies student records?records?

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QUESTIONS???QUESTIONS???

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Announcing Announcing Two WorkshopsTwo Workshops

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Brustein & ManasevitBrustein & ManasevitFall Forum Fall Forum

onon

Managing Federal Education GrantsManaging Federal Education Grants(w/ a focus on Perkins Reauthorization)(w/ a focus on Perkins Reauthorization)

November 30 – December 1, 2006November 30 – December 1, 2006Aladdin ResortAladdin Resort

Clark County, NevadaClark County, Nevada

for more info please visit our website for more info please visit our website www.bruman.comwww.bruman.com or or

contact Tatiana Petrone at contact Tatiana Petrone at 1-800-914-82121-800-914-8212

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Customized Grants Management Customized Grants Management Workshops Workshops forfor Community CollegesCommunity Colleges

Conducted by:Conducted by:

Susan KellySusan Kellysusankelley13@msn.comsusankelley13@msn.com

Liz GombashLiz Gombashwgombash3@earthlink.netwgombash3@earthlink.netMichael BrusteinMichael Brusteinmbrustein@bruman.commbrustein@bruman.com

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This presentation is intended solely This presentation is intended solely to provide general information and to provide general information and does not constitute legal advice. does not constitute legal advice. Attendance at the presentation or Attendance at the presentation or later review of these printed later review of these printed materials does not create an materials does not create an attorney-client relationship with attorney-client relationship with Brustein & Manasevit. You should Brustein & Manasevit. You should not take any action based upon any not take any action based upon any information in this presentation information in this presentation without first consulting legal counsel without first consulting legal counsel familiar with your particular familiar with your particular circumstances.circumstances.