year’s achievement data or graduation rates under NCLB, propose performance levels, and reach agreement with the Department on performance “adjusted levels.” The Secretary is considering whether to issue regulations requiring a State to agree to performance levels” under the Perkins Act that are the “adjusted same as the State’s AMOs for academic attainment and graduation rates under the NCLB. If the Secretary decides to regulate on this issue and adopts final rules, a State may be required to amend its State plan. B.17 Does a State have to demonstrate growth” as it sets its performance “continuous levels for each of the core indicators as in the past under Perkins III? Yes. Section 113(b)(3)(A)(i)(II) of the Act requires that each eligible agency agreement on levels of performance that the State to continually make “require progress toward improving the performance of career and technical education students.” Performance Levels Local Level – B.18 Do States have to negotiate performance levels under the basic grant program with their local eligible recipients? A State must negotiate performance levels with its eligible recipients only in cases where an eligible recipient chooses not to accept the State adjusted levels of performance as described in section 122(c)(10)(B) or an eligible recipient must negotiate a different performance level in order for it to meet the requirement that its performance levels, at a minimum, require it to continuously make progress toward improving the performance of career and technical education students as required by section 113(b)(4)(A)(i)(II) of the Act. B.19 Will the Department issue guidance to States on how they should negotiate performance levels with their eligible recipients? No. Under section 122(c)(10)(B), each State must set its own policy and procedures for reaching agreement on local adjusted levels of performance for its eligible recipients in accordance with section 113(b)(4) of the Act. B.20 When is disagreement between locals and the State on performance levels, who decides on what the levels shall be? Section 122(c)(10)(B) of the Act requires each eligible agency, in consultation with eligible recipients, to describe in its plan how it will develop a process for the negotiation of local adjusted levels of performance under section 113(b)(4) of the Act if an eligible recipient does not accept the State adjusted levels of performance under section 113(b)(3) of the Act. This process should include
year’s achievement data or graduation rates under NCLB, propose performance levels, and reach agreement with the Department on “adjusted performance levels.” The Secretary is considering whether to issue regulations requiring a State to agree to “adjusted performance levels” under the Perkins Act that are the same as the State’s AMOs for academic attainment and graduation rates under the NCLB. If the Secretary decides to regulate on this issue and adopts final rules, a State may be required to amend its State plan. B.17 Does a State have to demonstrate “continuous growth” as it sets its performance levels for each of the core indicators as in the past under Perkins III? Yes. Section 113(b)(3)(A)(i)(II) of the Act requires that each eligible agency agreement on levels of performance that “require the State to continually make progress toward improving the performance of career and technical education students.” Performance Levels – Local Level B.18 Do States have to negotiate performance levels under the basic grant program with their local eligible recipients? A State must negotiate performance levels with its eligible recipients only in cases where an eligible recipient chooses not to accept the State adjusted levels of performance as described in section 122(c)(10)(B) or an eligible recipient must negotiate a different performance level in order for it to meet the requirement that its performance levels, at a minimum, require it to continuously make progress toward improving the performance of career and technical education students as required by section 113(b)(4)(A)(i)(II) of the Act. B.19 Will the Department issue guidance to States on how they should negotiate performance levels with their eligible recipients? No. Under section 122(c)(10)(B), each State must set its own policy and procedures for reaching agreement on local adjusted levels of performance for its eligible recipients in accordance with section 113(b)(4) of the Act. B.20 When is disagreement between locals and the State on performance levels, who decides on what the levels shall be? Section 122(c)(10)(B) of the Act requires each eligible agency, in consultation with eligible recipients, to describe in its plan how it will develop a process for the negotiation of local adjusted levels of performance under section 113(b)(4) of the Act if an eligible recipient does not accept the State adjusted levels of performance under section 113(b)(3) of the Act. This process should include
Compiled_List_of_QAs-8-8-16.docx