The National and Community Service Act of 1990, referred to in subsec. (b)(2)(A)(iii), (B)(i), (3)(C)(ii)(III)(cc), (4)(B)(ii)(IV)(cc), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127. Title I of the Act is classified principally to subchapter I (§ 12511 et seq.) of chapter 129 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.

A prior section 2323, Pub. L. 88–210, title I, § 113, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3087, related to accountability, prior to the general amendment of this chapter by Pub. L. 109–270.

Another prior section 2323, Pub. L. 88–210, title I, § 113, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2445; amended Pub. L. 99–159, title VII, §§ 704, 713(a)(1), (2), Nov. 22, 1985, 99 Stat. 905, 907; Pub. L. 101–392, title I, § 113, Sept. 25, 1990, 104 Stat. 766; Pub. L. 101–476, title IX, § 901(a)(2), Oct. 30, 1990, 104 Stat. 1142; Pub. L. 103–382, title III, § 391(s)(2), Oct. 20, 1994, 108 Stat. 4024, required submission of State plans, prior to the general amendment of this chapter by Pub. L. 105–332.

2018—Subsec. (b). Pub. L. 115–224, § 112(1)(A), inserted “determined” after “State” in heading.

Subsec. (b)(1). Pub. L. 115–224, § 112(1)(B)(i), inserted “State determined” before “performance” in introductory provisions.

Subsec. (b)(1)(B), (C). Pub. L. 115–224, § 112(1)(B)(ii)–(iv), redesignated subpar. (C) as (B), substituted “a State determined level of performance” for “a State adjusted level of performance” and struck out “, and State levels of performance described in paragraph (3)(B) for each additional indicator of performance” before period at end, and struck out former subpar. (B) which read as follows: “any additional indicators of performance (if any) identified by the eligible agency under paragraph (2)(C); and”.

Subsec. (b)(2). Pub. L. 115–224, § 112(1)(C), added par. (2) and struck out former par. (2) which described various indicators of performance.

Subsec. (b)(3). Pub. L. 115–224, § 112(1)(D)(i), inserted “determined” after “State” in heading.

Subsec. (b)(3)(A). Pub. L. 115–224, § 112(1)(D)(ii), amended subpar. (A) generally. Prior to amendment, subpar. (A) related to State adjusted levels of performance for core indicators of performance.

Subsec. (b)(3)(B). Pub. L. 115–224, § 112(1)(D)(iii), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “Each eligible agency shall identify in the State plan State levels of performance for each of the additional indicators of performance described in paragraph (2)(C). Such levels shall be considered to be the State levels of performance for purposes of this subchapter.”

Subsec. (b)(3)(C) to (E). Pub. L. 115–224, § 112(1)(D)(iv), added subpars. (C) to (E).

Subsec. (b)(4)(A). Pub. L. 115–224, § 112(1)(E)(i)(I), struck out “adjusted” before “levels of performance” in heading.

Subsec. (b)(4)(A)(i). Pub. L. 115–224, § 112(1)(E)(i)(III)(aa), in introductory provisions, substituted “State determined levels of performance for each year of the plan” for “State adjusted levels of performance” and substituted “local levels” for “local adjusted levels” in two places.

Subsec. (b)(4)(A)(i)(I). Pub. L. 115–224, § 112(1)(E)(i)(III)(bb), substituted “consistent with the form expressed in the State determined levels, so as” for “consistent with the State levels of performance established under paragraph (3), so as” and struck out “and” at end.

Subsec. (b)(4)(A)(i)(II). Pub. L. 115–224, § 112(1)(E)(i)(III)(cc), substituted “continually make meaningful progress toward improving the performance of all CTE concentrators, including subgroups of students described in section 6311(h)(1)(C)(ii) of this title and special populations, as described in section 2302(48) of this title;” for “continually make progress toward improving the performance of career and technical education students.”

Subsec. (b)(4)(A)(i)(III) to (V). Pub. L. 115–224, § 112(1)(E)(i)(III)(dd), added subcls. (III) to (V).

Subsec. (b)(4)(A)(ii). Pub. L. 115–224, § 112(1)(E)(i)(IV)(aa), (cc), substituted “application” for “plan” in heading and “each of the” for “the first 2” in text.

Pub. L. 115–224, § 112(1)(E)(i)(IV)(bb), which directed substitution of “application” for “plan”, was executed by making the substitution both places it appeared to reflect the probable intent of Congress.

Subsec. (b)(4)(A)(iii). Pub. L. 115–224, § 112(1)(E)(i)(V), amended cl. (iii) generally. Prior to amendment, text read as follows: “Prior to the third and fifth program years covered by the local plan, the eligible agency and each eligible recipient shall reach agreement on the local adjusted levels of performance for each of the core indicators of performance for the corresponding subsequent program years covered by the local plan, taking into account the factors described in clause (v). The local adjusted levels of performance agreed to under this clause shall be considered to be the local adjusted levels of performance for the eligible recipient for such years and shall be incorporated into the local plan.”

Pub. L. 115–224, § 112(1)(E)(i)(II), redesignated cl. (iv) as (iii) and struck out former cl. (iii). Prior to amendment, text of cl. (iii) read as follows: “The eligible agency and each eligible recipient shall reach agreement, as described in clause (i), on the eligible recipient’s levels of performance for each of the core indicators of performance for the first 2 program years covered by the local plan, taking into account the levels identified in the local plan under clause (ii) and the factors described in clause (v). The levels of performance agreed to under this clause shall be considered to be the local adjusted levels of performance for the eligible recipient for such years and shall be incorporated into the local plan prior to the approval of such plan.”

Subsec. (b)(4)(A)(iv). Pub. L. 115–224, § 112(1)(E)(i)(II), redesignated cl. (iv) as (iii).

Subsec. (b)(4)(A)(v), (vi). Pub. L. 115–224, § 112(1)(E)(i)(II), (VI), redesignated cl. (vi) as (v), substituted “If unanticipated circumstances arise, or changes occur related to improvements in data or measurement approaches, the eligible recipient may request that the local levels of performance agreed to under clauses (i) and (iii) be revised.” for “If unanticipated circumstances arise with respect to an eligible recipient resulting in a significant change in the factors described in clause (v), the eligible recipient may request that the local adjusted levels of performance agreed to under clause (iii) or (iv) be revised.”, and struck out former cl. (v) which set out factors the agreements in this subpar. were to take into account.

Subsec. (b)(4)(B). Pub. L. 115–224, § 112(1)(E)(ii), redesignated subpar. (C) as (B) and struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows: “Each eligible recipient may identify, in the local plan, local levels of performance for any additional indicators of performance described in paragraph (2)(C). Such levels shall be considered to be the local levels of performance for purposes of this subchapter.”

Subsec. (b)(4)(B)(i). Pub. L. 115–224, § 112(1)(E)(iii)(I), substituted “the data on the actual performance levels described in clause (ii), including the progress of such recipient in achieving the local levels of performance” for “the data described in clause (ii)(I), regarding the progress of such recipient in achieving the local adjusted levels of performance”.

Subsec. (b)(4)(B)(ii)(I). Pub. L. 115–224, § 112(1)(E)(iii)(II)(aa), substituted “section 6311(h)(1)(C)(ii)” for “section 6311(h)(1)(C)(i)” and “section 2302(48)” for “section 2302(29)” and struck out “and” at end.

Subsec. (b)(4)(B)(ii)(II). Pub. L. 115–224, § 112(1)(E)(iii)(II)(bb)(AA)–(CC), inserted “, as described in paragraph 3(C)(ii)(II),” after “gaps in performance” and “as described in subclause (I) (including special populations)” after “category of students” and substituted “all CTE concentrators” for “all students”.

Subsec. (b)(4)(B)(ii)(III), (IV). Pub. L. 115–224, § 112(1)(E)(iii)(II)(bb)(DD), added subcls. (III) and (IV).

Subsec. (b)(4)(B)(iii). Pub. L. 115–224, § 112(1)(E)(iii)(III), substituted “paragraph (3)(C)(iii)” for “subsection (c)(3)”.

Subsec. (b)(4)(B)(iv). Pub. L. 115–224, § 112(1)(E)(iii)(IV), substituted “this paragraph” for “clause (ii)”.

Subsec. (b)(4)(B)(v). Pub. L. 115–224, § 112(1)(E)(iii)(V), added cl. (v) and struck out former cl. (v). Prior to amendment, text read as follows: “The report described in clause (i) shall be made available to the public through a variety of formats, including electronically through the Internet.”

Subsec. (b)(4)(C). Pub. L. 115–224, § 112(1)(E)(ii), redesignated subpar. (C) as (B).

Subsec. (c). Pub. L. 115–224, § 112(2), struck out subsec. (c) which related to annual reports from eligible agencies receiving allotments.

2015—Subsec. (b)(2)(A)(i). Pub. L. 114–95, § 9215(n)(3)(A)(i), added cl. (i) and struck out former cl. (i) which read as follows: “Student attainment of challenging academic content standards and student academic achievement standards, as adopted by a State in accordance with section 6311(b)(1) of this title and measured by the State determined proficient levels on the academic assessments described in section 6311(b)(3) of this title.”

Subsec. (b)(2)(A)(iv). Pub. L. 114–95, § 9215(n)(3)(A)(ii), substituted “(as described in section 6311(c)(4)(A)(i)(I)(bb) of this title)” for “(as described in section 6311(b)(2)(C)(vi) of this title)”.

Subsec. (b)(4)(C)(ii)(I). Pub. L. 114–95, § 9215(n)(3)(B), substituted “subgroups” for “categories”.

Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title.

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.