§1533. State education coordination and grants

(a) Allotment

(1) In general

The Secretary shall allot to the Governor for allocation to any State education agency the sums made available to carry out this section under sections 1602(c)(1)(C) and 1642(c)(1)(C) of this title to pay for the Federal share of carrying out the projects described in paragraph (2). In allocating such funds to the State education agency, the Governor shall not establish requirements governing the geographic distribution of funds under this section.

(2) Projects

Funds allocated under paragraph (1) may be used to pay for the Federal share of carrying out projects (in accordance with agreements under subsection (b) of this section) that-

(A) provide school-to-work transition services of demonstrated effectiveness that increase the rate of graduation from high school, or completion of the recognized equivalent thereof, including services that increase the rate at which school dropouts return to regular or alternative schooling and obtain a high school degree or its equivalent, and, which may include, services to support multiyear dropout prevention programs of demonstrated effectiveness;

(B) provide literacy and lifelong learning opportunities and services of demonstrated effectiveness that-

(i) enhance the knowledge and skills of educationally and economically disadvantaged individuals; and

(ii) result in increasing the employment and earnings of such individuals;

(C) provide statewide coordinated approaches, including model programs, to train, place, and retain women in nontraditional employment; and

(D)(i) facilitate coordination of education and training services for eligible participants in projects described in subparagraphs (A), (B), and (C); or

(ii)(I) support activities pertaining to a State human resources investment council that meets the requirements of subchapter VI of this chapter and includes each of the programs described in clauses (i) through (vii) of section 1792(b)(2)(A) of this title; or

(II) support activities pertaining to a State council, which carries out functions similar to the functions of the State human resource investment council described in subchapter VI of this chapter, if such State council was established prior to July 1, 1992.

(3) Federal share

The Federal share of the cost of carrying out the projects described in paragraph (2) shall be 50 percent.

(b) Agreements required

(1) Parties to agreements

The projects described in subsection (a)(2) of this section shall be conducted within a State in accordance with agreements that-

(A) reflect the goals and services described in paragraphs (1), (2), and (3) of subsection (c) of this section; and

(B) are developed between the State education agency, administrative entities in service delivery areas in the State, and other entities, such as other State agencies, local educational agencies, and alternative service providers (such as community-based and other nonprofit or for-profit organizations).

(2) Contents of agreements

(A) Contribution

The agreements described in paragraph (1) shall provide for the contribution by the State, from funds other than the funds made available under this chapter, of a total amount equal to the funds allotted under this section.

(B) Direct cost of services

Such amount may include the direct cost of employment or training services-

(i) provided by State or local programs or agencies; or

(ii) provided by other Federal programs or agencies in accordance with applicable Federal law.

(c) Governor's plan requirements

The State education agency shall submit for inclusion in the Governor's coordination and special services plan a description developed jointly by the State education agency and the Governor of-

(1) the goals to be achieved and services to be provided by the school-to-work transition programs specified in subsection (a)(2)(A) of this section that will receive the assistance, which description shall, at a minimum, include information regarding-

(A) the activities and services that will result in increasing the number of youth staying in or returning to school and graduating from high school or the equivalent;

(B) the work-based curriculum that will link classroom learning to work site experience and address the practical and theoretical aspects of work;

(C) the opportunities that will be made available to participants to obtain career-path employment and postsecondary education;

(D) the integration to be achieved, in appropriate circumstances, in the delivery of services between State and local educational agencies and alternative service providers, such as community-based and nonprofit organizations; and

(E) the linkages that will be established, where feasible, to avoid duplication and enhance the delivery of services, with programs under-

(i) subchapter II of this chapter and part B of subchapter IV of this chapter;

(ii) the Elementary and Secondary Education Act [20 U.S.C. 6301 et seq.];

(iii) the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.);

(iv) the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);

(v) the Adult Education Act; ¹

(vi) Repealed. Pub. L. 104–193, title I, §110(n)(4)(A), Aug. 22, 1996, 110 Stat. 2174 ;

(vii) the Stewart B. McKinney Homeless Assistance Act (Public Law 100–77; 101 Stat. 482) [42 U.S.C. 11301 et seq.]; and

(viii) the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.);

(2) the goals to be achieved and services to be provided by literacy and lifelong learning programs specified in subsection (a)(2)(B) of this section that will receive the assistance, which description shall, at a minimum, include information regarding-

(A) the activities and services that will increase the knowledge and skills of educationally and economically disadvantaged individuals, and result in increased employment and earnings for such individuals;

(B) the integration to be achieved between projects assisted under this section and the 4-year State plan (and related needs assessment carried out for the plan) developed in accordance with section 342 of the Adult Education Act (20 U.S.C. 1206a);

(C) the variety of settings, including workplace settings, in which literacy training and learning opportunities will be provided; and

(D) the linkages that will be established, where feasible, to avoid duplication and enhance the delivery of services, with programs under-

(i) subchapters II and III of this chapter;

(ii) the Adult Education Act; ¹

(iii) the Carl D. Perkins Vocational and Applied Technology Education Act [20 U.S.C. 2301 et seq.];

(iv) the Stewart B. McKinney Homeless Assistance Act [42 U.S.C. 11301 et seq.];

(v) Repealed. Pub. L. 104–193, title I, §110(n)(4)(B), Aug. 22, 1996, 110 Stat. 2174 ;

(vi) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);

(vii) the National Literacy Act of 1991 ¹ (Public Law 102–73);

(viii) the Emergency Immigrant Education Act of 1984 ¹ (20 U.S.C. 3121 et seq.); and

(ix) the National and Community Service Act of 1990 [42 U.S.C. 12501 et seq.];

(3) the goals to be achieved and services to be provided by the nontraditional employment for women programs specified in subsection (a)(2)(C) of this section that will receive the assistance; and

(4) the proportion of funds received under this section that will be used to achieve the goals, and provide the services, described in paragraphs (1), (2), and (3).

(d) Service requirements

(1) Permitted services

Services funded under this section to carry out the projects described in subsection (a)(2) of this section may include education and training, vocational education services, and related services, provided to participants under subchapter II of this chapter. In addition, services funded under this section may include services for offenders, veterans, and other individuals who the Governor determines require special assistance.

(2) Limitations on expenditures

(A) Coordination of services

Not more than 20 percent of the funds allocated under this section may be expended to pay for the Federal share of projects described in subsection (a)(2)(D) of this section at the State and local levels.

(B) School-to-work services; literacy and lifelong learning services

Not less than 80 percent of the funds allocated under this section shall be expended to pay for the Federal share of projects conducted in accordance with subparagraphs (A), (B), and (C) of subsection (a)(2) of this section.

(C) Economically disadvantaged individuals

Not less than 75 percent of the funds allocated for projects under subparagraphs (A), (B), and (C) of subsection (a)(2) of this section shall be expended for projects for economically disadvantaged individuals who experience barriers to employment. Priority for funds not expended for the economically disadvantaged shall be given to subchapter III participants and persons with barriers to employment.

(e) Distribution of funds in absence of agreement

If no agreement is reached in accordance with subsection (b) of this section on the use of funds under this section, the funds shall be available to the Governor to achieve the goals and provide the services described in paragraph (1), (2), or (3) of subsection (c) of this section.

(f) Reports and records

(1) Reports by Governors

The Governor shall prepare reports on the projects funded under this section, including such information as the Secretary may require to determine the extent to which the projects supported under this section result in achieving the goals specified in paragraphs (1), (2), and (3) of subsection (c) of this section. The Governor shall submit the reports to the Secretary at such intervals as shall be determined by the Secretary.

(2) Records and reports of recipients

Each direct or indirect recipient of funds under this section shall keep records that are sufficient to permit the preparation of reports. Each recipient shall submit such reports to the Secretary, at such intervals as shall be determined by the Secretary.

( Pub. L. 97–300, title I, §123, Oct. 13, 1982, 96 Stat. 1341 ; Pub. L. 99–496, §§3, 15(e), Oct. 16, 1986, 100 Stat. 1261 , 1266; Pub. L. 101–392, §5(a)(1), Sept. 25, 1990, 104 Stat. 758 ; Pub. L. 102–235, §7, Dec. 12, 1991, 105 Stat. 1808 ; Pub. L. 102–367, title I, §122, Sept. 7, 1992, 106 Stat. 1038 ; Pub. L. 104–193, title I, §110(n)(4), Aug. 22, 1996, 110 Stat. 2174 .)

Repeal of Section

Pub. L. 105–220, title I, §199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059 , provided that this section is repealed effective July 1, 2000.

References in Text

The Elementary and Secondary Education Act, referred to in subsec. (c)(1)(E)(ii), probably means the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27 , as amended generally by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3519 , which is classified generally to chapter 70 (§6301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables.

The Carl D. Perkins Vocational and Applied Technology Education Act, referred to in subsec. (c)(1)(E)(iii), (2)(D)(iii), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403 , as amended, which was classified generally to chapter 44 (§2301 et seq.) of Title 20, Education, prior to being amended generally and renamed the Carl D. Perkins Vocational and Technical Education Act of 1998 by Pub. L. 105–332, §1(b), Oct. 31, 1998, 112 Stat. 3076 . For complete classification of Pub. L. 88–210 to the Code, see Short Title note set out under section 2301 of Title 20 and Tables.

The Individuals with Disabilities Education Act, referred to in subsec. (c)(1)(E)(iv), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175 , as amended, which is classified generally to chapter 33 (§1400 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.

The Adult Education Act, referred to in subsec. (c)(1)(E)(v), (2)(D)(ii), is title III of Pub. L. 89–750, Nov. 3, 1966, 80 Stat. 1216 , as amended, which was classified generally to chapter 30 (§1201 et seq.) of Title 20, Education, prior to repeal by Pub. L. 105–220, title II, §251(a)(1), Aug. 7, 1998, 112 Stat. 1079 . For complete classification of this Act to the Code, see Tables.

The Stewart B. McKinney Homeless Assistance Act, referred to in subsec. (c)(1)(E)(vii), (2)(D)(iv), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482 , as amended, which is classified principally to chapter 119 (§11301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of Title 42 and Tables.

The National and Community Service Act of 1990, referred to in subsec. (c)(1)(E)(viii), (2)(D)(ix), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127 , as amended, which is classified principally to chapter 129 (§12501 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of Title 42 and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (c)(2)(D)(vi), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355 , as amended, which is classified generally to chapter 16 (§701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables.

The National Literacy Act of 1991, referred to in subsec. (c)(2)(D)(vii), is Pub. L. 102–73, July 25, 1991, 105 Stat. 333 , as amended, which was repealed by Pub. L. 105–220, title II, §251(a)(2), Aug. 7, 1998, 112 Stat. 1079 . For complete classification of this Act to the Code, see Tables.

The Emergency Immigrant Education Act of 1984, referred to in subsec. (c)(2)(D)(viii), is part D of title IV of Pub. L. 89–10, as added by Pub. L. 100–297, title I, §1001, Apr. 28, 1988, 102 Stat. 242 , which was classified generally to part D (§3121 et seq.) of subchapter IV of chapter 47 of Title 20, Education, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3519 . For provisions relating to emergency immigrant education, see section 7541 et seq. of Title 20.

Amendments

1996-Subsec. (c)(1)(E)(vi). Pub. L. 104–193, §110(n)(4)(A), struck out cl. (vi) which read as follows: "the JOBS program;".

Subsec. (c)(2)(D)(v). Pub. L. 104–193, §110(n)(4)(B), struck out cl. (v) which read as follows: "the JOBS program;".

1992-Pub. L. 102–367 amended section generally. Prior to amendment, section related to State education coordination and grants, and provided for allotments for financial assistance to State education agencies for services through cooperative agreements in subsec. (a), provided for matching contributions for cooperative agreements in subsec. (b), required certain proportions for use of funds in subsec. (c), provided alternatives for State governors where no cooperative agreements on use of funds was reached in subsec. (d), and authorized joint funding in subsec. (e).

1991-Subsec. (a)(4). Pub. L. 102–235, §7(a), added par. (4).

Subsec. (c)(2)(B), (3). Pub. L. 102–235, §7(b), substituted "(1), (3), and (4)" for "(1) and (3)".

1990-Subsec. (e). Pub. L. 101–392 added subsec. (e).

1986-Subsec. (a)(3). Pub. L. 99–496, §3(1), added par. (3).

Subsec. (c)(1). Pub. L. 99–496, §15(e), inserted reference to veterans.

Subsec. (c)(2)(B). Pub. L. 99–496, §3(2)(A), amended first sentence generally, substituting references to clauses (1) and (3) for references to clause (1).

Subsec. (c)(3). Pub. L. 99–496, §3(2)(B), substituted "clauses (1) and (3)" for "clause (1)".

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–367 effective July 1, 1993, see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions note under section 1501 of this title.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–392 effective July 1, 1991, see section 702(a) of Pub. L. 101–392, set out as a note under section 2301 of Title 20, Education.

Construction of 1991 Amendment

Amendment by Pub. L. 102–235 not to be construed to require, sanction, or authorize discrimination on the basis of race, color, religion, sex, national origin, handicap, or age, see section 11 of Pub. L. 102–235, set out as a note under section 1501 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1532, 1602, 1642, 1792b of this title.

¹ See References in Text note below.