52. Establishment, including construction, and operation of a National Center on Educational Media and Materials for the Handicapped (20 U.S.C. 1453). 53. Grants and contracts for the development and operation of experimental preschool and early education programs for handicapped (20 U.S.C. 1423). 54. Grants to public or private non-profit agencies to carry on the Follow Through Program in kindergarten and elementary schools (42 U.S.C. 2809 (a)(2)). 55. Grants for programs of cooperative education and grants and contracts for training and research in cooperative education (20 U.S.C. 1087a-1087c). 56. Grants and contracts to encourage the sharing of college facilities and resources (network for knowledge) (20 U.S.C. 11331133b). 57. Grants, contracts, and fellowships to improve programs preparing persons for public service and to attract students to public service (20 U.S.C. 1134-1134b). 58. Grants for the improvement of graduate programs (20 U.S.C. 1135-1135c). 59. Contracts for expanding and improving law school clinical experience programs (20 U.S.C. 1136-1136b). 60. Exemplary programs and projects in vocational education (20 U.S.C. 1301-1305). 61. Grants to reduce borrowing cost for construction of residential schools and dormitories (20 U.S.C. 1323). 62. Project grants and contracts for research and demonstration relating to new or improved health facilities and services (section 304, PHS Act, 42 U.S.C. 242b). 63. Grants for construction or modernization of emergency rooms of general hospitals (Title VI, Part C, PHS Act, 42 U.S.C. 291j). 64. Institutional and special projects grants to schools of nursing (sections 805-808, PHS Act, 42 U.S.C. 296d-296g). 65. Grants for construction and initial staffing of facilities for prevention and treatment of alcoholism (section 241-2, Community Mental Health Centers Act (42 U.S.C. 2688 f and g). 66. Grants for construction and initial staffing of specialized facilities for the treatment of alcoholics requiring care in such facilities (section 243, Community Mental Health Centers Act, 42 U.S.C. 2688h). 67. Special project grants for training programs, evaluation of existing treatment programs, and conduct of significant programs relating to treatment of alcoholics (section 246, Community Mental Health Centers Act, 42 U.S.C. 2688j-1). 68. Grants for construction and initial staff of treatment facilities for narcotic addicts (section 251, Community Mental Health Centers Act, 42 U.S.C. 2688m). 69. Special project grants for training programs, evaluation of existing treatment programs, and conduct of significant programs relating to treatment of narcotics addicts (section 252, Community Mental Health Centers Act, 42 U.S.C. 2688n-1). 70. Grants for consultation services for Community Mental Health Centers, alcoholism prevention and treatment facilities for narcotic addicts, and facilities for mental health of children (section 264, Community Mental Health Centers Act, 42 U.S.C. 2688r). 71. Grants for construction and initial staff of facilities for mental health of children (section 271, Community Mental Health Centers Act, 42 U.S.C. 2688u). 72. Special project grants for training programs and evaluation of existing treatment program relating to mental health of children (section 272, Community Mental Health Centers Act, 42 U.S.C. 2688x). 73. Grants and loans for construction and modernization of medical facilities in the District of Columbia (Pub. L. 90-457; 82 Stat. 631-3). 74. Teaching facilities for nurse training (sections. 801-804, Public Health Service Act, 42 U.S.C. 296-296c). 75. Teaching facilities for allied health professions personnel (section 791, Public Health Service Act, 42 U.S.C. 295h). 76. Mental retardation research facilities (Title VI, Part D, Public Health Service Act, 42 U.S.C. 295-395e). 77. George Washington University Hospital construction (76 Stat. 83, Pub. L. 87-460, May 31, 1962). 78. Research projects, including conferences, communication activities and primate or other center grants (sections 301, 303, 304, and 308, Public Health Service Act, 42 U.S.C. 241, 242a, 242b, and 242f). 79. General research support (section 301(d), Public Health Service Act, 42 U.S.C. 241). 80. Mental Health demonstrations and administrative studies (section 303(a)(2), Public Health Service Act, 42 U.S.C. 242a). 81. Migratory workers health services (section 310, Public Health Service Act, 42 U.S.C. 242h). 82. Immunization programs (section 317, Public Health Service Act, 42 U.S.C. 247b). 83. Health research training projects and fellowship grants (sections 301, 433, Public Health Service Act, 42 U.S.C. 242, 289c). 84. Categorical (heart, cancer, etc.) grants for training, traineeships or fellowships (sections 303, 433, etc., Public Health Service Act, 42 U.S.C. 242a, 289c, etc.). 85. Advanced professional traineeships (section 821, Public Health Service Act, 42 U.S.C. 297). nurse 86. Department projects under Appalachian Regional Development Act (40 U.S.C. App. A). 87. Grants to institutions for traineeships for professional public health personnel section 306, Public Health Service Act, 42 U.S.C. 242d). 88. Grants for graduate or specialized training in public health (section 309, Public Health Service Act, 42 U.S.C. 242g). 89. Health professions school student loan program (Title VII, Part C, Public Health Service Act, 42 U.S.C. 294–294(k)). 90. Grants for provision in schools of public health of training, consultation and technical assistance in the field of public health and in the administration of state or local public health programs (section 309(c)), Public Health Service Act, 42 U.S.C. 242(g)(c)). 91. Project grants for training, studies, or demonstrations looking metropolitan area, or other local area plans for health services (section 314(c), Public Health Service Act, 42 U.S.C. 246(c)). 92. Project grants for training, studies, or demonstrations looking toward the development of improved comprehensive health planning (section 314(c), Public Health Service Act, 42 U.S.C. 246(c)). 93. Project grants for health services development (section 314(e), Public Health Service Act, 42 U.S.C. 246(e)). 94. Institutional and special grants to health professions schools (Title VII, Part E, Public Health Service Act, 42 U.S.C. 295f295f-4). 95. Improvement grants to centers for allied health professions (section 792, Public Health Service Act, 42 U.S.C. 295h-1). 96. Scholarship grants to health professions schools (Title VII, Part F, Public Health Service Act, 42 U.S.C. 295h-1). 97. Scholarship grants to schools of nursing (Title VIII, Part D, Public Health Service Act, 42 U.S.C. 198c-298c-6). 98. Traineeships for advanced training of allied health professions personnel (section 793, Public Health Service Act, 42 U.S.C. 295h-2). 99. Contracts to encourage full utilization of nursing educational talent (section 868, Public Health Service Act, 42 U.S.C. 298c-7). 100. Grants to community mental health centers for the compensation of professional and technical personnel for the initial operation of new centers or of new services in centers (Community Mental Health Centers Act, Part B, 42 U.S.C. 2688-2688d). 101. Grants for the planning, construction, equipment and operation of multicounty demonstration health projects in the Appalachian region (section 202 of Appalachian Regional Development Act, Pub. L. 89-4, as amended, Pub. L. 90-103 40 U.S.C. App. 202). 102. Education, research, training, and demonstrations in the fields of heart disease, cancer, stroke and related diseases (sections 900-110, Public Health Service Act, 42 U.S.C. 299a-j). 103. Assistance to medical libraries (sections 390-399, Public Health Service Act, 42 U.S.C. 280b-280b-9). 104. Nursing student loans (sections 822-828. Public Health Service Act, 42 U.S.C. 297a-g). 105. Hawaii leprosy payments (section 331, Public Health Service Act, 42 U.S.C. 255). 106. Heart disease laboratories and related facilities for patient care (section 412(d), Public Health Service Act, 42 U.S.C. 287a(d)). 107. Grants for construction of hospitals serving Indians (Pub. L. 85-151, 42 U.S.C. 2005). 108. Indian Sanitation Facilities (Pub. L. 86-121, 42 U.S.C. 2004a). 109. Research projects relating to maternal and child health services and crippled children's services (42 U.S.C. 712). 110. Maternal and child health special project grants to State agencies and institutions of higher learning (42 U.S.C. 703(s)). 111. Maternity and infant care and family planning services; special project grants to local health agencies and other organizations (42 U.S.C. 708). 112. Special project grants to State agencies and institutions of higher learning for crippled children's services (42 U.S.C. 704(2)). 113. Special project grants for health of school and preschool children (42 U.S.C. 709) and for dental health of children (42 U.S.C. 710). 114. Grants to institutions of higher learning for training personnel for health care and related services for mothers and children (42 U.S.C. 711). 115. Grants and contracts for the conduct of research, experiments, or demonstrations relating to the developments, utilization, quality, organization, and financing of services, facilities, and resources of hospitals, long-term care facilities, for other medical facilities (section 304, Public Health Service Act, as amended by Pub. L. 90-174, 42 U.S.C. 242b). 116. Health research facilities (Title VII Part A, Public Health Service Act, 42 U.S.C. 292-292j). 117. Teaching facilities for health professions personnel (Title VII, Part B, Public Health Service Act, 42 U.S.C. 293–293h). 118. Project grants and contracts for research, development, training, and studies in the field of electronic product radiation (section 356, Public Health Service Act, 42 U.S.C. 263d). 119. Project grants and contracts for research, studies, demonstrations, training, and education relating to coal mine health (section 501, Federal Coal Mine Health and Safety Act of 1969, Public Law 91-173). 120. Surplus real and related personal property disposal (40 U.S.C. 484(k)). 121. Supplementary medical insurance benefits for the aged (Title XVIII, Part A, Social Security Act, 42 U.S.C. 1395c-13951-2). 122. Issuance of rent-free permits for vending stands, credit unions, employee associations, etc. (20 U.S.C. 107-107f; 45 C.F.R. Part 20; section 25, 12 U.S.C. 1170). 123. Grants for special vocational rehabilitation projects (29 U.S.C. 34(a)(1)). 124. Experimental, pilot or demonstration projects to promote the objectives of Title I, X, XIV, XVI, or XIX or Part A of Title IV of the Social Security Act (42 U.S.C. 1315). 125. Social Security and welfare cooperative research or demonstration projects (42 U.S.C. 1310). 126. Child welfare research, training, or demonstration projects (42 U.S.C. 626). 127. Training projects (Title VI, Older Americans Act, 42 U.S.C. 3041-3042). 128. Grants for expansion of vocational rehabilitation services (29 U.S.C. 34(a)(2) (A)). 129. Grants for construction of rehabilitation facilities (29 U.S.C. 41a(a)-(e)) and for initial staffing of rehabilitation facilities (29 U.S.C. 41a(f)). 130. Project development grants for rehabilitation facilities (29 U.S.C. 41a(g)(2)). 131. Rehabilitation Facility improvement grants (29 U.S.C. 41b(b)). 132. Agreement for the establishment and operation of a national center for deaf-blind youths and adults (29 U.S.C. 42a). 133. Project grants for services for migratory agricultural workers (29 U.S.C. 42b). 134. Grants for initial staffing of community mental retardation facilities (42 U.S.C. 2678-2678d). 135. Grants for training welfare personnel and for expansion and development of undergraduate and graduate social work programs (42 U.S.C. 906, 908). 136. Research and development projects concerning older Americans (42 U.S.C. 30313032). 137. Grants to States for training of nursing home administrators (42 U.S.C. 1396g (e)). 138. Contracts or jointly financed cooperative arrangements with industry (29 U.S.C. 34(a)(2)(B)). 139. Project grants for new careers in rehabilitation (29 U.S.C. 34(a)(2)(C)). 140. Children of low-income families (20 U.S.C. 241a-241m). 141. Grants for training (29 U.S.C. 37(a) (2)). 142. Grants for projects for training services (29 U.S.C. 41b(a)). 143. Grants for comprehensive juvenile delinquency planning (42 U.S.C. 3811). 144. Grants for project planning in juvenile delinquency (42 U.S.C. 3812). 145. Grants for juvenile delinquency rehabilitative services projects (42 U.S.C. 3822, 3842). 146. Grants for juvenile delinquency preventive service projects (42 U.S.C. 3861). 147. Grants for training projects in juvenile delinquency fields (42 U.S.C. 3861). 148. Grants for development of improved techniques and practices in juvenile delinquency services (42 U.S.C. 3871). 149. Grants for technical assistance in juvenile delinquency services (42 U.S.C. 3872). 150. Grants for State technical assistance to local units in juvenile delinquency services (42 U.S.C. 3873). 151. Grants for public service centers projects (42 U.S.C. 2744). 152. Grants to public or private non-profit agencies to carry on the Project Headstart Program (42 U.S.C. 2809(a)(1)). 153. Project grants for new careers for the handicapped (29 U.S.C. 34(a)(2)(D)). 154. Construction, demonstration, and training grants for university-affiliated facilities for persons with developmental disabilities (42 U.S.C. 2661-2666). Part 2. Continuing Assistance to State 1. Grants to States for public library services and construction, interlibrary cooperation and specialized State library services for certain State institutions and the physically handicapped (20 U.S.C. 351–355). 2. Grants to States for strengthening instruction in academic subjects (20 U.S.C. 441444). 3. Grants to States for vocational education (20 U.S.C. 1241-1264). 4. Arrangements with State education agencies for training under the Manpower Development and Training Act (42 U.S.C. 2601-2602, 2610a). 5. Grants to States to assist in the elementary and secondary education of children of low-income families (20 U.S.C. 241a-241m). 6. Grants to States to provide for school library resources, textbooks and other instructional materials for pupils and teachers in elementary and secondary schools (20 U.S.C. 821-827). 7. Grants to States to strengthen State departments of education (20 U.S.C. 861-870). 8. Grants to States for community service programs (20 U.S.C. 1001-1011). 9. Grants to States for adult basic education and related research, teacher training and special projects (20 U.S.C. 1201–1211). 10. Grants to State educational agencies for supplementary educational centers and services, and guidance, counseling and testing (20 U.S.C. 841-847). 11. Grants to States for research and training in vocational education (20 U.S.C. 1281(b)). 12. Grants to States for exemplary programs and projects in vocational education (20 U.S.C. 1301-1305). 13. Grants to States for residential vocational education schools (20 U.S.C. 1321). 14. Grants to States for consumer and homemaking education (20 U.S.C. 1341). 15. Grants to States for cooperative vocational educational program (20 U.S.C. 13511355). 16. Grants to States for vocational workstudy programs (20 U.S.C. 1371-1374). 17. Grants to States to attract and qualify teachers to meet critical teaching shortages (20 U.S.C. 1108-1110c). 18. Grants to States for education of handicapped children (20 U.S.C. 1411-1414). 19. Grants for administration of State plans and for comprehensive planning to determine construction needs of institutions of higher education (20 U.S.C. 715(b)). Public 20. Grants to States for comprehensive health planning (section 314(a), Health Service Act, 42 U.S.C. 246(a)). 21. Grants to States for establishing and maintaining adequate public health services (section 314(d), Public Health Service Act, 42 U.S.C. 246(d)). 22. Grants, loans, and loan guarantees with interest subsidies for hospital and medical facilities (Title VI, Public Health Service Act, 42 U.S.C. 291 et seq.). 23. Grants to States for community mental health centers construction (Community Mental Health Centers Act, Part A, 42 U.S.C. 2681-2687). 24. Cost of rehabilitation services (Title II, Social Security Act section 222(d); 42 U.S.C. 422(d)). 25. Surplus personal property disposal donations for health and educational purposes through State agencies (40 U.S.C. 484(j)). 26. Grants for State and community programs on aging (Title III, Older Americans Act, 42 U.S.C. 3021-3025). 27. Grants to States for planning, provision of services, and construction and operation of facilities for persons with developmental disabilities (42 U.S.C. 2670-2677c). 28. Grants to States for vocational rehabilitation services (29 U.S.C. 32); for innovation of vocational rehabilitation services (29 U.S.C. 33); and for rehabilitation facilities planning (29 U.S.C. 41a(g)(1)). 29. Designation of State licensing agency for blind operators of vending stands (20 U.S.C. 107-107f). 30. Grants to States for old-age assistance (42 U.S.C. 301 et seq.); aid to families with dependent children (42 U.S.C. 601 et seq.); childwelfare services (42 U.S.C. 620 et seq.); aid to the blind (42 U.S.C. 1201 et seq.); aid to the permanently and totally disabled (42 U.S.C. 1351 et seq.); aid to the aged, blind, or disabled (42 U.S.C. 1381 et seq.); medical assistance (42 U.S.C. 1396 et seq.). 31. Grants to States for maternal and child health and crippled children's services (42 U.S.C. 701-707); for special projects for maternal and infant care (42 U.S.C. 708). 32. Grants to States for juvenile delinquency preventive and rehabilitative services (42 U.S.C. 3841). [38 FR 17982, July 5, 1973; 40 FR 18173, Apr. 25, 1975] APPENDIX B TO PART 80-GUIDELINES FOR ELIMINATING DISCRIMINATION AND DENIAL OF SERVICES ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, AND HANDICAP IN VOCATIONAL EDUCATION PROGRAMS I. SCOPE AND COVERAGE A. APPLICATION OF GUIDELINES These Guidelines apply to recipients of any Federal financial assistance from the Department of Health and Human Services that offer or administer programs of vocational education or training. This includes State agency recipients. B. DEFINITION OF RECIPIENT The definition of recipient of Federal financial assistance is established by Department regulations implementing title VI, title IX, and section 504 (45 CFR 80.13(i), 86.2(h), 84.3(f). For the purposes of title VI: The term recipient means any State, political subdivision of any State, or instrumentality of any State or political subdivision, any public or private agency, institution, or organization, or other entity, or any individual, in any State, to whom Federal financial assistance is extended, directly or through another recipient, for any program, including any successor, assignee, or transferee thereof, but such term does not include any ultimate beneficiary [e.g., students] under any such program. (45 CFR 80.13(i)). For the purpose of title IX: Recipient means any State or political subdivision thereof, or any instrumentality of a State or political subdivision thereof, any public or private agency, institution, or organization, or other entity, or any person to whom Federal financial assistance is extended directly or through another recipient and which operates an education program or activity which receives or benefits from such assistance, including any subunit, successor, assignee, or transferee thereof. (45 CFR 86.2(h)). For the purposes of section 504: Recipient means any State or its political subdivision, any instrumentality of a State or its political subdivision, any public or private agency, institution, organization, or other entity, or any person to which Federal financial assistance is extended directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the assistance. (45 CFR 84.3(f)). C. EXAMPLES OF RECIPIENTS COVERED BY THESE GUIDELINES The following education agencies, when they provide vocational education, are examples of recipients covered by these Guidelines: 1. The board of education of a public school district and its administrative agency. 2. The administrative board of a specialized vocational high school serving students from more than one school district. 3. The administrative board of a technical or vocation school that is used exclusively or principally for the provision of vocational education to persons who have completed or left high school (including persons seeking a certificate or an associate degree through a vocational program offered by the school) and who are available for study in preparation for entering the labor market. 4. The administrative board of a postsecondary institution, such as a technical institute, skill center, junior college, community college, or four year college that has a department or division that provides vocational education to students seeking immediate employment, a certificate or an associate degree. 5. The administrative board of a proprietary (private) vocational education school. 6. A State agency recipient itself operating a vocational education facility. D. EXAMPLES OF SCHOOLS TO WHICH THESE The following are examples of the types of schools to which these Guidelines apply. 1. A junior high school, middle school, or those grades of a comprehensive high school that offers instruction to inform, orient, or prepare students for vocational education at the secondary level. 2. A vocational education facility operated by a State agency. 3. A comprehensive high school that has a department exclusively or principally used for providing vocational education; or that offers at least one vocational program to secondary level students who are available for study in preparation for entering the labor market; or that offers adult vocational education to persons who have completed or left high school and who are available for study in preparation for entering the labor market. 4. A comprehensive high school, offering the activities described above, that receives students on a contract basis from other school districts for the purpose of providing vocational education. 5. A specialized high school used exclusively or principally for the provision of vocational education, that enrolls students from one or more school districts for the purpose of providing vocational education. 6. A technical or vocational school that primarily provides vocational education to persons who have completed or left high school and who are available for study in preparation for entering the labor market, including students seeking an associate degree or certificate through a course of vocational instruction offered by the school. 7. A junior college, a community college, or four-year college that has a department or division that provides vocational education to students seeking immediate employment, an associate degree or a certificate through a course of vocational instruction offered by the school. 8. A proprietary school, licensed by the State, that offers vocational education. NOTE: Subsequent sections of these Guidelines may use the term secondary vocational education center in referring to the institutions described in paragraphs 3, 4 and 5 above or the term postsecondary vocational education center in referring to institutions described in paragraphs 6 and 7 above or the term vocational education center in referring to any or all institutions described above. II. RESPONSIBILITIES ASSIGNED ONLY TO STATE AGENCY RECIPIENTS A. RESPONSIBILITIES OF ALL STATE AGENCY RECIPIENTS State agency recipients, in addition to complying with all other provisions of the Guidelines relevant to them, may not require, approve of, or engage in any discrimination or denial of services on the basis of race, color, national origin, sex, or handicap in performing any of the following activities: 1. Establishment of criteria or formulas for distribution of Federal or State funds to vocational education programs in the State; 2. Establishment of requirements for admission to or requirements for the administration of vocational education programs; 3. Approval of action by local entities providing vocational education. (For example, a State agency must ensure compliance with section IV of these Guidelines if and when it reviews a vocational education agency decision to create or change a geographic service area.); 4. Conducting its own programs. (For example, in employing its staff it may not discriminate on the basis of sex or handicap.) B. STATE AGENCIES PERFORMING OVERSIGHT RESPONSIBILITIES The State agency responsible for the administration of vocational education programs must adopt a compliance program to prevent, identify and remedy discrimination on the basis of race, color, national origin, sex or handicap by its subrecipients. (A subrecipient, in this context, is a local agency or |