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Sec. 102.18 Federally aided programs to be ad

ministered without discrimina

tion. 102.19 Use of various allotments. 102.20 Matching and matching purposes. 102.21 Statewide basis for matching.

PAYMENTS AND REPORTS 102.22 Proration of costs. 102.23 Certification of a State to receive

Federal funds. 102.24 State reports. 102.25 Computing amounts of State and/

or local funds to be reported for

matching. ADMINISTRATION AND SUPERVISION 102.26 State program of administration. 102.27 State and local supervision. 102.28 Travel expenses. 102.29 Research, studies and investiga

tions. 102.30 Professional courses in vocational

education for present and potential administrators.

TEACHER TRAINING 102.31 Programs of teacher training. 102.32 General plan provisions for teacher

training. 102.33 Maximum and minimum expendi

tures for each field of teacher

training. 102.34 Costs of programs of teacher train

ing. 102.35 Reimbursable teacher-training ac

tivities. 102.36 Short intensive technical courses. 102.37 Eligibility to enroll in teacher-train

ing courses. 102.38 Designation of teacher-training in

stitutions. 102.39 Director of teacher-training. 102.40 Payments to graduate students.

VOCATIONAL INSTRUCTION 102.41 Program of vocational instruction. 102.42 Salaries of teachers. 102.43 Apprentice teachers. 102.44 Special teacher training expendi

tures requirement. 102.45 Use of funds for equipment and

supplies for vocational instruc

tion. 102.46 Employment. 102.47 Sectional cooperative classes. 102.48 Age limitations for enrollment. 102.49 Training and work-experience

training programs for out-of

school youths. 102.50 Well-rounded program of instruc

tion. 102.51 Organization of vocational students.

AGRICULTURAL EDUCATION 102.52 Vocational education in agriculture. 102.53 Supervised practice.

Sec. 102.54 Plan requirements for agricultural

education.

DISTRIBUTIVE EDUCATION 102.55 Vocational education in distributive

occupations. 102.56 Distributive occupations defined. 102.57 Distributive occupations subjects. 102.58 Plan requirements for distributive

education. 102.59 Nature of instruction. 102.60 Part-time classes. 102.61 Evening classes. 102.62 Classes conducted in business

establishments. 102.63 Coordinating activities.

HOME ECONOMICS EDUCATION 102.64 Vocational education in home

economics. 102.65 Plan requirements for home eco

nomics education. 102.66 In-school youth. 102.67 Out-of-school youth and adults. 102.68 Child development laboratory. 102.69 Pre-service teacher education,

TRADE AND INDUSTRIAL EDUCATION 102.70 Vocational education in trades and

industries. 102.71 Trade and industrial pursuits. 102.72 Trade and industrial subjects. 102.73 Plan requirements for trade and

industrial education. 102.74 Types of classes in trade and indus

trial education. 102.75 Classes for apprentices. 102.76 Evening classes. 102.77 Part-time classes time require

ments under the Smith-Hughes

Act. 102.78 Part-time classes-age of admission. 102.79 Part-time cooperative classes. 102.80 Day trade classes--Types A & B. 102.81 Day trade classes-Type C. 102.82 Special standards and safeguards

for training in industrial plants. VOCATIONAL EDUCATION IN FISHERY

OCCUPATIONS 102.83 Vocational education in fishery oc

cupations.

VOCATIONAL GUIDANCE 102.84 Vocational guidance. 102.85 State plan provisions.

AREA VOCATIONAL EDUCATION PROGRAMS 102.101 Area vocational education programs. 102.102 Categories. 102.103 Matching funds. 102.104 Special provisions regarding use of

funds. 102.105 General plan requirements under

title III. 102.106 Approval of area vocational educa

tion programs.

means

a

Sec. 102.107 Geographical areas to be served. 102.108 Training programs. 102.109 Occupations necessary for the na

tional 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, 161–169, 15aaa note, 15aaar 15ggg.

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

DEFINITIONS $ 102.1 Definitions.

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

(a) "Acts", “vocational education acts", or "Federal acts” means the Smith

Hughes 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. 15i 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. 15aas-15ggg), 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. 1528-15jj). 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.

(h) “Supervisor"

person responsible for the promotion, maintenance and improvement of instruction in a given vocational field.

(1) "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 fivalds.

(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" 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]

means

а

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.

§ 102.4 Custody of Federal funds.

The acts require that the State, through its legislative authority, appoint its State treasurer to receive the funds granted under the acts and provide for their proper custody and disbursement. If there is no state treasurer, the State may appoint the officer in the State who exercises similar functions. The State plan is required to identify the official so designated to receive the funds. § 102.5 Authority.

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 cla ses.

(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

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

(a) The course is terminal in nature 'ather than directed toward obtaining a paccalaureate degree.

(b) The fact that the course is “of less han college grade" as here defined is liscernible from the institution's catalog rother announcement describing the ourse.

(c) The course, (1) if offered by an nstitution which does not have a fourrear program leading to a baccalaureate legree, is not designated by the instituion for crcdit toward such a degree nor upplied for credit toward such a degree is indicated by transfer policies of fourrear degree granting institutions; or (2) f offered in a four-year degree granting nstitution, is not offered for credit leadng to a baccalaureate degree. 3 102.8 Minimum qualifications of per

sonnel. 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. § 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 funds

donations, 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 expendi

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

except on the basis of claims submitted or repair of buildings or equipment es. for expenditures already incurred. cept as provided in § 102.45 for instruc(24 F.R. 8229, Oct. 9, 1959)

tional equipment and except as provided

in § 102.110 for equipment used in area § 102.15 Sabbatical and educational

vocational education programs. leave.

[24 F.R. 8229, Oct. 9, 1959] (a) Funds may be used under the plan for salaries paid to otherwise eligible

$ 102.18 Federally aided programs to employees of State or local boards or

be administered without discrimina.

tion. institutions, who have been engaged in reimbursable vocational education ac In the expenditure of Federal funds tivities, for the time spent (1) on sab and in the administration of Federally batical leave, or (2) on educational or aided programs of vocational education other leave needed to secure additional there shall be no discrimination because education, occupational experience or of race, creed, or color. training of benefits to the vocational

§ 102.19 Use of the various allotments. education program under the plan, provided in either case that such leave is in

Federal Vocational education funds conformity with the policy of the em

are allotted to the States in several ploying board or institution which ap separate funds, each of which is available plies also to the other employees of

only for specific purposes. In addition similar rank or grade.

to the provisions governing Federal fi. (b) The fact that funds are used for nancial participation in various expendi. the salary of an employee on such leave tures, the following provisions govern the does not preclude Federal participation

availability of the several funds or allotin the salary of the person employed to

ments: replace him, so long as the replacement

(a) Smith-Hughes agriculture funds is otherwise eligible.

(appropriated under section 2 of the (c) In the case of sabbatical leave

Smith-Hughes Act) are available only earned by the employee on the basis of

for participation in the salaries of teachtime of service, Federal participation will

ers, directors, and supervisors of agricul. be based on the prorated portion of

tural subjects. the employee's time that was given to

(b) Smith-Hughes trade, home ecovarious reimbursable vocational educa

nomics, and industrial funds (approtion activities during the period in which

priated under section 3 of the Smiththe leave was earned.

Hughes Act) are available only for (d) In the case of educational or

participation in the salaries of teachers other leave not earned on the basis of

of such subjects. time of service, Federal participation will

(c) Smith-Hughes teacher training be based on the relative benefit of such

funds (appropriated under section 4 of leave to the various vocational educa

the Smith-Hughes Act) are available for tion programs under the plan. Prora

participation in the costs of maintaining tions required under this section will

programs of teacher training for teachbe made in accordance with the prin

ers of agricultural, home economics, and ciples set out in § 102.22.

trade and industrial subjects. Such

costs may include the salaries of teacher § 102.16 Retirement.

trainers and such other costs of teacher Expenditures for salaries of State or training as are allowed for administralocal employees under the plan may in

tion of the State plan in § 102.26(b), clude that part of the salary that is de

insofar as they are attributable to ducted or withheld as the employee's

teacher training in the allowed fields. contribution under a plan of retire

(d) Smith-Hughes funds are not ment. (See $ 102.26(b) for employer's

available for any of the costs of adminiscontribution to retirement.)

tration, except as provided above for the

administration of teacher training. $ 102.17 Funds not available for certain (e) Each of the separate Georgeitems.

Barden funds (appropriated under secFunds may not be used under the plan tion 3(a) (1) through 3(a) (5) of the for: The purchase or rental of land; the George-Barden Act for five separate support of any religious or privately fields of vocational education) is availowned or conducted school or college; able in the appropriate program for paror the purchase, erection, preservation, ticipation (1) in the salaries of teachers,

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