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Sec.

102.107 Geographical areas to be served. 102.108 Training programs.

=102.109 Occupations necessary for the national defense.

102.110 Instructional equipment and sup-
plies.

102.111 Transportation of students.
102.112 Vocational guidance.

AUTHORITY: The provisions of this Part 102 issued under 39 Stat. 929 as amended, 60 Stat. 775 as amended, 72 Stat. 1597; 20 U.S.C. 11-15, 16-28, 151–15q, 15aaa note, 15aaa-15ggg.

SOURCE: The provisions of this Part 102 appear at 23 F.R. 1031, Feb. 18, 1958, unless otherwise noted.

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As used in this part, the terms below are defined as follows:

(a) "Acts", "Vocational education acts", or "Federal acts" means the SmithHughes Act and the George-Barden Act as defined below:

(b) "Smith-Hughes Act" means the Act of February 23, 1917 (39 Stat. 929), as amended.

(c) "George-Barden Act" means the Act of August 1, 1946 (60 Stat. 775; 20 U.S.C. 151 et seq.), as amended, including "Title III-Area Vocational Education Programs," as added by title VIII of the National Defense Education Act of 1958 (72 Stat. 1597; 20 U.S.C. 15aaa-15ggg), I but not including, except where otherwise indicated, "Title II-Vocational Education in Practical Nurse Training," as added by title III of P.L. 911, 84th Congress (70 Stat. 925; 20 U.S.C. 15aa-15jj). Title III of the George-Barden Act will herein be referred to as "title III."

(d) "Commissioner" means the Commissioner of Education, Department of Health, Education, and Welfare.

(e) "State board" means the State board for vocational education described in § 102.3.

(f) "Executive Officer" of the State Board for Vocational Education is the designated State official directly responsible to the board for the administration of the policies of the board.

(g) "State director" means the person directly responsible for the administration of the total State program of vocational education under the plan and the coordination of the work of the State supervisors. In some States, the Executive Officer is also the State Director.

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(h) "Supervisor" means a responsible for the promotion, maintenance and improvement of instruction in a given vocational field.

(i) "Director of teacher training" means a person whose duties are to direct and coordinate teacher training programs in two or more fields of vocational education.

(j) "Local director" means a person directly responsible for the administration of a local program which includes two or more fields of vocational education under the plan and the coordination of the work of the local supervisors, if any, in these fields.

(k) "School" means an administrative organization which operates one or more classes, as above defined.

(1) "Class" means a group of persons meeting for vocational instruction a given number of scheduled times, in which there is a reasonable continuity of participation on the part of members of the group.

(m) "Cooperative class" means a class for persons who are still enrolled in a day school and who, through a cooperative arrangement between the school and employers, receive part-time instruction in the day school and on-thejob training through part-time employment in a trade, industry or distributive occupation.

(n) "Student-learner" means a person enrolled in a cooperative class as defined in paragraph (m) of this section.

(0) "Apprentice teacher" means a person far enough advanced in vocational experience and in technical and professional training to be certified as a vocational teacher for a temporary or apprentice period in order to secure teaching experience as part of his teacher training work.

(p) "Student-teacher" means a person enrolled in a teacher-training institution who is engaged in practice teaching as part of his course of study.

(q) "Funds", unless otherwise specified, means any public funds available for expenditure under the plan, whether derived from Federal grants, or State or local appropriations. (See § 102.11 for further explanation.)

[23 F.R. 1031, Feb. 18, 1958, as amended at 24 F.R. 8229, Oct. 9, 1959]

BASIC STATE PLAN PROVISIONS

§ 102.2 The State plan.

(a) As a condition for the receipt of Federal grants, the State board is required to adopt and submit a State plan meeting the provisions and purposes of the acts. If found by the Commissioner to be in conformity with provisions and purposes of the acts the plan will be approved.

(b) The plan basically is a description of State operations, including State laws, standards and procedures. It establishes a basic assurance of reasonable efficiency in the operation of the program. Since the approved State plan is the basis upon which the Federal grant is made, the plan and the actual program operation must be kept in conformity, and any material change in the program, any changes in pertinent State law, or in the organization, policies or operation of the Board will necessitate appropriate amendment of the plan. (See section 8 of the Smith-Hughes Act. For the special plan requirements for each field of vocational education, see sections 10, 11 and 12 of the Smith-Hughes Act and the respective sections of this part.) § 102.3

The State board.

(a) As a condition for the receipt of Federal grants, the acts require that the State, through its legislative authority, designate or create a State board of not less than three members having all necessary power to cooperate with the Office of Education in the administration of the program.

(b) The State plan is to identify the State board so designated or created and to describe its organizational structure, including descriptions of its units, the functions assigned to each, and the relationship among the units in the vocational education program. The titles of all State officials who are to have authority in the administration of the program are to be given in the plan, and their responsibilities described.

(c) Authority to administer vocational education at the State level must rest solely with the State board. In dealing with the State, the Office of Education will deal only through the State board and its authorized representatives and not directly with individual schools or institutions.

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The State is required to accept the provisions of the acts in order to benefit therefrom. The State plan is to set forth the State's basic authority under State law for the administration of the program, including such legislation accepting the provisions of the acts and designating the State board and State treasurer as provided in §§ 102.1 to 102.4, and all other directly pertinent laws and official interpretations thereof by appropriate State officials and courts.

§ 102.6 Public supervision or control.

The State plan is required to provide that the vocational instruction and teacher training carried on thereunder will be in schools or classes under public supervision or control. A school or class (see definitions in § 102.1) is considered to be under public supervision or control when it meets all of the following criteria:

(a) It is organized and operated under the direction of a State or local board responsible for expenditure of publicschool funds for vocational education in the State or community.

(b) The teachers are employed as public school teachers under the conditions generally applicable to the employment of other public school teachers employed by the State or local board responsible for vocational education.

(c) Officials on the staff of a State or local agency responsible for vocational education have full charge of:

(1) Employing teachers.

(2) Determining whether pupils qualify for admission to classes.

(3) Determining content and organization of courses and curriculum. § 102.7 Less than college grade.

The State plan is required to provide that all vocational instruction carried on thereunder will be of less than college grade. This provision can be met at the

adult or post 12th grade level only when all of the following conditions exist:

(a) The course is terminal in nature rather than directed toward obtaining a baccalaureate degree.

(b) The fact that the course is "of less than college grade" as here defined is discernible from the institution's catalog or other announcement describing the course.

(c) The course, (1) if offered by an institution which does not have a fouryear program leading to a baccalaureate degree, is not designated by the institution for credit toward such a degree nor applied for credit toward such a degree as indicated by transfer policies of fouryear degree granting institutions; or (2) if offered in a four-year degree granting institution, is not offered for credit leading to a baccalaureate degree.

§ 102.8 Minimum qualifications of personnel.

The State plan is to contain minimum qualifications for professional personnel. Such personnel includes those engaged directly or substantially in activities for which funds are used under the plan, regardless of whether their salaries are paid under the plan.

§ 102.9 Program of supervision.

The State plan is required to include the State board's proposals for a program of supervision with full information as to the duties and qualifications of the State supervisors and of other professional members of the State supervisory staff. Where funds are used for supervision on the local level the plan is to make provisions for such positions and set forth minimum qualifications therefor.

$ 102.10 Schools, equipment, and main

tenance.

State plans are required to show the kinds of schools and equipment to be used in the vocational program. The responsibility for establishing the standards for the kinds of schools and equipment rests with State boards, subject to the approval of the Commissioner. State boards are responsible for determining, in terms of such standards, that the plant and equipment of any school or class are adequate to carry out the purposes for which the vocational education program is established, and that the amount expended for maintenance is

sufficient to insure attainment of standards of instruction prescribed in the State plan.

EXPENDITURE OF FUNDS UNDER THE PLAN § 102.11 Federal grants.

The Federal grants may be used to share only in expenditures which are made in accordance with the State plan and meet the requirements of the acts. Such expenditures must meet these requirements regardless of whether the funds drawn upon are derived from Federal grants, State appropriations or local funds. As used throughout this part, phrases such as "expenditures may be made under the plan or "funds may be expended mean that the Federal allotments are available for payment of the Federal share thereof.

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§ 102.12 Application of State rules.

Expenditures under the plan must be made in accordance with State laws, rules, regulations, and standards which govern the expenditure of State and local funds. Any limitations placed on the expenditure of State and local funds must be applied as well to funds derived from the Federal grants.

§ 102.13 Source of matching fundsdonations, tuition, fees.

Only public funds may be used for expenditures under the plan.

(a) In addition to appropriated funds, such funds may include funds derived from donations by private organizations or individuals which are deposited in accordance with State or local law to the account of the State board or local educational agency without such conditions or restrictions on their use as would negate their public character.

(b) Tuition and fees may be collected from students enrolled in a course, at rates comparable to those charged by public educational authorities for similar courses to cover any portions of the cost of the course which are not claimed under the State plan. However, tuition and fees collected from students may not be used as State or local funds for the purpose of matching the Federal funds. § 102.14 Reimbursement for expenditures by schools.

Under the Smith-Hughes Act and title I of the George-Barden Act, no Federal funds may be used to reimburse schools

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(a) Funds may be used under the plan for salaries paid to otherwise eligible employees of State or local boards or institutions, who have been engaged in reimbursable vocational education activities, for the time spent (1) on sabbatical leave, or (2) on educational or other leave needed to secure additional education, occupational experience or training of benefits to the vocational education program under the plan, provided in either case that such leave is in conformity with the policy of the employing board or institution which applies also to the other employees of similar rank or grade.

(b) The fact that funds are used for the salary of an employee on such leave does not preclude Federal participation in the salary of the person employed to replace him, so long as the replacement is otherwise eligible.

(c) In the case of sabbatical leave earned by the employee on the basis of time of service, Federal participation will be based on the prorated portion of the employee's time that was given to various reimbursable vocational education activities during the period in which the leave was earned.

(d) In the case of educational or other leave not earned on the basis of time of service, Federal participation will be based on the relative benefit of such leave to the various vocational education programs under the plan. Prorations required under this section will be made in accordance with the principles set out in § 102.22.

§ 102.16 Retirement.

Expenditures for salaries of State or local employees under the plan may include that part of the salary that is deducted or withheld as the employee's contribution under a plan of retirement. (See § 102.26 (b) for employer's contribution to retirement.) § 102.17

items.

Funds not available for certain

Funds may not be used under the plan for: The purchase or rental of land; the support of any religious or privately owned or conducted school or college; or the purchase, erection, preservation,

or repair of buildings or equipment except as provided in § 102.45 for instructional equipment and except as provided in § 102.110 for equipment used in area vocational education programs.

[24 F.R. 8229, Oct. 9, 1959]

§ 102.18 Federally aided programs to be administered without discrimination.

In the expenditure of Federal funds and in the administration of Federally aided programs of vocational education there shall be no discrimination because of race, creed, or color.

§ 102.19 Use of the various allotments.

Federal vocational education funds are allotted to the States in several separate funds, each of which is available only for specific purposes. In addition to the provisions governing Federal financial participation in various expenditures, the following provisions govern the availability of the several funds or allotments:

(a) Smith-Hughes agriculture funds (appropriated under section 2 of the Smith-Hughes Act) are available only for participation in the salaries of teachers, directors, and supervisors of agricultural subjects.

(b) Smith-Hughes trade, home economics, and industrial funds (appropriated under section 3 of the SmithHughes Act) are available only for participation in the salaries of teachers of such subjects.

(c) Smith-Hughes teacher training funds (appropriated under section 4 of the Smith-Hughes Act) are available for participation in the costs of maintaining programs of teacher training for teachers of agricultural, home economics, and trade and industrial subjects. Such costs may include the salaries of teacher trainers and such other costs of teacher training as are allowed for administration of the State plan in § 102.26(b), insofar as they are attributable to teacher training in the allowed fields. are (d) Smith-Hughes funds available for any of the costs of administration, except as provided above for the administration of teacher training.

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(e) Each of the separate GeorgeBarden funds (appropriated under section 3(a)(1) through 3(a) (5) of the George-Barden Act for five separate fields of vocational education) is available in the appropriate program for participation (1) in the salaries of teachers,

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