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20 U.S.C. § 2421

Section 2421 · Data systems authorized

Amended 4 times on record

(a) Establishment of system

(1) The Secretary shall, directly, or by grant, contract or cooperative agreement, establish a vocational educational data system (in this section referred to as the “system”), using comparative information elements and uniform definitions, to the extent practicable.

(2) The Secretary shall establish the system not later than the end of the 6-month period beginning on September 25, 1990.

(3) The National Center for Education Statistics (in this section referred to as the “National Center”) shall coordinate the development and implementation of the system.

(b) Functions of system

Through the system, the Secretary shall collect data and analyze such data in order to provide—

(1) the Congress with information relevant to policymaking; and

(2) Federal, State, and local agencies and Tribal agencies with information relevant to program management, administration and effectiveness with respect to education and employment opportunities.

(c) Contents of system

(1)(A) The system shall include information—

(i) describing the major elements of the vocational education system on at least a national basis, including information with respect to teachers, administrators, students, facilities, and, to the extent practicable, equipment; and

(ii) describing the condition of vocational education with respect to the elements described in clause (i).

(B) The information described in subparagraph (A) shall be provided, to the extent practicable, in the context of other educational data relating to the condition of the overall education system.

(C) The Secretary, in consultation with the Task Force, the National Center, and the Office of Adult and Vocational Education (in this section referred to as the “Office”), shall modify existing general purpose and program data systems to ensure that an appropriate vocational education component is included in the design, implementation and reporting of such systems in order to fulfill the information requirements of this section.

(2) The information system shall include data reflecting the extent of participation of the following populations:

(A) women;

(B) Indians;

(C) individuals with handicaps;

(D) individuals of limited English proficiency;

(E) economically disadvantaged students (including information on students in rural and urban areas);

(F) adults who are in need of training and retraining;

(G) single parents;

(H) youths incarcerated in juvenile detention or correctional facilities or criminal offenders who are serving time in correctional institutions;

(I) individuals who participate in programs designed to eliminate gender bias and sex stereotyping in vocational education;

(J) minorities; and

(K) displaced homemakers.

(3) The Secretary, in consultation with the National Center and the Office, shall maintain and update the system at least every 3 years and assure the system provides the highest quality statistics and is adequate to meet the information needs of this chapter. In carrying out the requirements of this paragraph, the Secretary shall ensure that appropriate methodologies are used in assessments of students of limited English proficiency and students with handicaps to ensure valid and reliable comparisons with the general student population and across program areas. With respect to standardized tests and assessments administered under this chapter, test results shall be used as 1 of multiple independent indicators in assessment of performance and achievement.

(d) Assessment of international competitiveness

The Center shall carry out an assessment of data availability and adequacy with respect to international competitiveness in vocational skills. To the extent practicable, the assessment shall include comparative policy-relevant data on vocational education in nations which are major trade partners of the United States. The assessment shall at a minimum identify available internationally comparative data on vocational education and options for obtaining and upgrading such data. The results of the assessment required by this paragraph shall be reported to the appropriate committees of the Congress not later than August 31, 1994.

(e) Use of and compatibility with other data collection systems

(1) In establishing, maintaining, and updating the system, the Secretary shall—

(A) use existing data collection systems operated by the Secretary and, to the extent appropriate, data collection systems operated by other Federal agencies;

(B) conduct additional data collection efforts to augment the data collection systems described in subparagraph (A) by providing information necessary for policy analysis required by this section; and

(C) use any independent data collection efforts that are complementary to the data collection efforts described in subparagraphs (A) and (B).

(2) In carrying out the responsibilities imposed by this part, the Secretary shall cooperate with the Secretary of Commerce, the Secretary of Labor, and the National Occupational Information Coordinating Committee established under section 2422 of this title with respect to the development of an information system under section 1753 of title 29 to ensure that the information system operated under this section is compatible with and complementary to other occupational supply and demand information systems developed or maintained with Federal assistance. The Secretary shall also ensure that the system allows international comparisons to the extent feasible.

(3) The Secretary shall assure that the system, to the extent practicable, uses data definitions common to State plans, performance standards, local applications and evaluations required by this chapter. The data in the system shall be available for use in preparing such plans, standards, applications, and evaluations.

(f) Reports

The Secretary shall report to the Congress at least biennially with respect to—

(1) the performance of the system established under subsection (a) of this section; and

(2) strategies to improve the system and expand its implementation.

(g) Vocational Education Advisory Task Force

(1) The Secretary, in consultation with the National Center and the Office shall establish a Vocational Education Advisory Task Force.

(2) The Secretary shall establish the Task Force before the expiration of the 90-day period beginning on September 25, 1990, and shall terminate upon the expiration of the 2-year period beginning on such date.

(3) The Task Force shall advise the Secretary on the development and implementation of an information reporting and accounting system responsive to the diverse programs supported by this chapter.

(4) The membership of the Task Force shall be representative of Federal, State, and local agencies and Tribal agencies affected by technological information, representatives of secondary and vocational postsecondary educational institutions, representatives of vocational student organizations, representatives of special populations, representatives of adult training programs funded under this chapter, and representatives of apprenticeships, business, and industry.

(5) The National Center shall provide the Task Force with staff for the purpose of carrying out its functions.

(h) Assessment of educational progress activities

(1) As a regular part of its assessments, the National Assessment of Educational Progress shall collect and report information for at least a nationally representative subsample of vocational education students, including students who are members of special populations, which shall allow for fair and accurate assessment and comparison of the educational achievement of vocational education students and other students in the areas assessed. Such assessment may include international comparisons.

(2)(A) Notwithstanding any provision of section 1221e 11 of this title, the Commissioner of Education Statistics may authorize a State educational agency or a consortium of such agencies to use items and data from the National Assessment of Educational Progress for the purpose of evaluating a course of study related to vocational education, if the Commissioner has determined, in writing, that such use will not—

(i) result in the identification of characteristics or performance of individual students or schools;

(ii) result in the ranking or comparing of schools or local educational agencies;

(iii) be used to evaluate the performance of teachers, principals, or other local educators for the purpose of dispensing rewards or punishments; or

(iv) corrupt or harm the use and value of data collected for the National Assessment of Educational Progress.

(B) Not later than 60 days after making an authorization under subsection (a) of this section, the Commissioner shall submit to the Committee on Education and Labor of the House of Representatives and to the Committee on Labor and Human Resources of the Senate, a report which contains—

(i) a copy of the request for such authorization;

(ii) a copy of the written determination under subsection (a) of this section; and

(iii) a description of the details and duration of such authorization.

(C) The Commissioner may not grant more than one such authorization in any fiscal year and shall ensure that the authorized use of items or data from the National Assessment is evaluated for technical merit and for its affect on the National Assessment of Educational Progress. The results of such evaluations shall be promptly reported to the committees specified in subparagraph (B).

Editorial notes U.S. Code · Office of the Law Revision Counsel

References in Text

Section 1221e 1 of this title, referred to in subsec. (h)(1), was repealed by Pub. L. 103 382, title II, §212(a)(1), Oct. 20, 1994, 108 Stat. 3913. See section 9001 et seq. of this title.

Amendments

1994—Subsec. (h). Pub. L. 103 227 designated existing provisions as par. (1) and added par. (2).

1990—Pub. L. 101 392 amended section generally, substituting provisions relating to establishment by Secretary of vocational educational data system, to be developed and implemented by National Center for Education Statistics, functions and contents of data system, assessment of international competitiveness, use of and compatibility with other data collection systems, reports to Congress, and establishment of Vocational Education Advisory Task Force, for provisions which related to development within National Center for Education Statistics of national vocational education data reporting and accounting system, contents of data system, cost containment measures, compatibility with other systems, cooperation by States, updates of system, and special studies on enrollment of disadvantaged students.

Subsec. (b)(1). Pub. L. 101 476 substituted reference to Individuals with Disabilities Education Act for reference to Education of the Handicapped Act.

Change of Name

Committee on Education and Labor of House of Representatives changed to Committee on Economic and Educational Opportunities of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Effective Date of 1990 Amendments

Amendment by Pub. L. 101 476 effective Oct. 1, 1991, see section 1001 of Pub. L. 101 476, set out as a note under section 1087ee of this title.

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 this title.

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