Page:United States Statutes at Large Volume 120.djvu/769

 120 STAT. 738 20 USC 2372.

PUBLIC LAW 109–270—AUG. 12, 2006

‘‘SEC. 202. CONSOLIDATION OF FUNDS.

‘‘(a) IN GENERAL.—An eligible agency receiving an allotment under sections 111 and 201 may choose to consolidate all, or a portion of, funds received under section 201 with funds received under section 111 in order to carry out the activities described in the State plan submitted under section 122. ‘‘(b) NOTIFICATION REQUIREMENT.—Each eligible agency that chooses to consolidate funds under this section shall notify the Secretary, in the State plan submitted under section 122, of the eligible agency’s decision to consolidate funds under this section. ‘‘(c) TREATMENT OF CONSOLIDATED FUNDS.—Funds consolidated under this section shall be considered as funds allotted under section 111 and shall be distributed in accordance with section 112. 20 USC 2373.

‘‘SEC. 203. TECH PREP PROGRAM.

‘‘(a) GRANT PROGRAM AUTHORIZED.— ‘‘(1) IN GENERAL.—From amounts made available to each eligible agency under section 201, the eligible agency, in accordance with the provisions of this title, shall award grants, on a competitive basis or on the basis of a formula determined by the eligible agency, for tech prep programs described in subsection (c). The grants shall be awarded to consortia between or among— ‘‘(A) a local educational agency, an intermediate educational agency, educational service agency, or area career and technical education school, serving secondary school students, or a secondary school funded by the Bureau of Indian Affairs; and ‘‘(B)(i) a nonprofit institution of higher education that— ‘‘(I)(aa) offers a 2-year associate degree program or a 2-year certificate program; and ‘‘(bb) is qualified as an institution of higher education pursuant to section 102 of the Higher Education Act of 1965, including— ‘‘(AA) an institution receiving assistance under the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.); and ‘‘(BB) a tribally controlled postsecondary career and technical institution; or ‘‘(II) offers a 2-year apprenticeship program that follows secondary education instruction, if such nonprofit institution of higher education is not prohibited from receiving assistance under part B of title IV of the Higher Education Act of 1965 pursuant to the provisions of section 435(a)(2) of such Act; or ‘‘(ii) a proprietary institution of higher education that offers a 2-year associate degree program and is qualified as an institution of higher education pursuant to section 102 of the Higher Education Act of 1965, if such proprietary institution of higher education is not subject to a default management plan required by the Secretary. ‘‘(2) SPECIAL RULE.—In addition, a consortium described in paragraph (1) may include 1 or more— ‘‘(A) institutions of higher education that award a baccalaureate degree; and

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