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professional nurse or shall have the con- (k) Amendment. The plan must be sultative services of a registered pro- amended whenever necessary to reflect fessional nurse available to him. The any material change in the program proplace in the administrative structure of vided for by the plan, any changes in the supervisor who is a registered pro- pertinent State law or in the organizafessional nurse and a member of the tion, policies or operations relating to the staff of the State board is to be set forth program. in the State plan together with duties

103.3 Less than college grade. and the minimum qualifications to be required for the position. If the super- The State plan is required to provide vision of the practical nurse training

that all vocational instruction carried on program is assigned to a person who is thereunder will be of less than college not a registered professional nurse, It is grade. This provision can be met only necessary that the State provide for the when all of the following conditions consultative services of a registered pro

exist: fessional nurse. In such case the State (a) The course is terminal in nature plan shall set forth the duties and the rather directed toward obtaining a bacminimum qualifications of the consultant calaureate degree. and the arrangements under which the (b) The fact that the course is “of less consultative services are to be used on a than college grade" as here defined is planned systematic year-round basis to discernible from the institution's catalog assure that the technical aspects of the or other announcement describing the training program meet acceptable course. standards.

(c) The course, (1) if offered by an (g) Minimum qualifications of teach- Institution which does not have a fourers, teacher-trainers, supervisors and di- year program leading to a baccalaureate rectors. The State plan shall contain degree, is not designed by the Institution minimum qualifications for teachers, for credit toward such a degree nor apteacher-trainers, supervisors and direc- plied for credit toward such a degree as tors having responsibilities in carrying indicated by transfer policies of fourout the State plan. These minimum year degree granting institutions; or (2) qualifications must apply to all such per- if offered in a four-year degree granting sonnel engaged directly or substantially Institution, is not offered for credit leadin activities for which funds are used ing to a baccalaureate degree. under the plan regardless of whether there is to be Federal financial partici

& 103.4 Public supervision and control. pation in their salaries.

The State plan is required to pro(h) Custody of funds granted under vide that the vocational instruction and Title 11. The State plan shall specify the teacher training carried on thereunder official authorized by State law to receive will be in schools or classes under public and provide for the custody of all funds supervision and control. A school or paid to the State under Title II. These class is considered to be under public as well as all other funds held for plan supervision and control when it meets purposes at the State level must be held all of the following criteria: subject to requisition or disbursement by (a) It is organized and operated under the State board.

the direction of a State or local board (1) Plan provision for reports. The responsible for expenditure of public State plan shall provide that the State school funds for vocational education in board will make such reports, in such the State or community. form and containing such information, (b) The teachers are employed as as the Commissioner may from time to public school teachers under the conditime reasonably require to carry out his

tions generally applicable to the employfunctions under Title II, and comply

ment of other public school teachers with such provisions as he may from time to time find necessary to assure the cor

employed by the State or local board

responsible for vocational education. rectness and verification of such reports.

(c) Officials on the staff of a State or (j) Submission. The State plan and all amendments thereto shall be sub

local agency responsible for vocational mitted by a duly authorized officer of the

education shall have full charge of: State board. The plan shall indicate (1) Employing teachers the official or officials who are authorized (2) Determining whether pupils qualto submit plan material.

ify for admission to classes

(3) Determining content and organi- evidence of liability consistent with zation of courses and curriculum.

State purchasing procedure. $ 103.5 Allotments.

$ 103.8

Annual report. Under section 202(a) of Title II, each In addition to information supplied in State is entitled to an allotment out of connection with periodic requests for the funds appropriated for each fiscal grants, each State shall make an annual year. Each State will be notified of the report on the operation of its program, amount of its allotment for a year as as outlined by instructions which will be soon as possible after the appropriation supplied to the State board. If from is made by Congress.

time to time there is a need for informa

tion from the State which is not secured § 103.6 Reallotment.

from the regular annual reports, special (a) Pursuant to section 202(b) of reports will be requested. Title II, amounts of allotments which

§ 103.9 Extension and improvement of are certified, on or before the dates fixed

practical nurse training. by the Commissioner, as not required for carrying out the States' plans will be re- (a) Under Title II, Federal financial alloted to the other States.

participation is available only in expend(b) Reallotments will be made in

itures made under the State plan for the proportion to the original allotments to

"extension and improvement" of practithe States for the fiscal year under sec

cal nurse training. Such phrase includes tion 202(a) of Title II, except that, sub- expenditures for purposes such as the ject to the provisions of paragraph (c)

following: of this section, (1) not reallotment will (1) To encourage the establishment be made to any State which has certified of programs for training practical nurses that it will not require the full amount

in communities not served; of its allotment for such year, and (2)

(2) To stimulate the expansion of the the total amounts reallotted to a State program of training practical nurses in will not exceed the amount which it has

communities that have not been able certified will be needed for such year.

to train the number of practical nurses (c) Any State which (1) has certified

needed; that it will not require the full amount

(3) To develop programs of training

for other approvable health occupations; of its allotment, or (2) has certified as to the amount in excess of its original

(4) To improve the program through allotment which will be required to

such means as: (i) More effective use of carry out the State plan for a fiscal year,

advisory committees, (ii) better selection may nevertheless amend such certifica

of trainees, (iii) increased retention of tion by filing the appropriate form with

those who enroll, (iv) better placement the Commissioner on or before a date

of those completing training, (v) imfixed pursuant to paragraph (a) of this

provement of curriculum and teaching section. The amended certification will

aides, (vi) improvement of administra

tion, supervision, then be used in computing all reallot

coordination

and ments for that fiscal year made subse

teaching; quent to such date.

(5) To secure necessary educational

information and data as a basis for the § 103.7 Report on basis of Federal fiscal

proposed development and improveyear.

ment of the practical nurse training pro(a) Reporting and accounting in the gram, through such means as: administration of the act on the Federal, (i) Gathering data and other factual State, and local levels shall be based information which will be of assistance upon the Federal Government's fiscal in planning and operating the program, year, which begins on the first day of (ii) Conducting studies and surveys July and ends on the 30th day of June. dealing with the needs for practical

(b) An expenditure under a State nurse training, the methods and mateplan will be charged to that Federal fis- rials to be used and the results obtained cal year in which the obligation was in- from instruction, curred. Expenditure reports are to be (iii) The appraisal and preparation of prepared on this basis. For the pur- instructional materials, poses of this section, “obligation” shall (iv) The evaluation of facilities. mean only bona fide encumbrances which (b) In order to use Federal funds for are supported by contracts or other research, the State plan shall set forth the qualifications of the persons who are the scope and nature of the duties rather to conduct the research. The items for than the title of the occupation are basic. which reimbursement may be made are the same as those for State supervision.

§ 103.11 Reimbursable costs of carrying

out the State plan. (c) Section 207 of Title II provides that nothing in such title shall in any way The expenditures which are reimbursaffect the availability for practical nurse able include, to the extent that they are training of amounts paid the States incurred for the purposes of title II: under the Act of February 23, 1917 (39 (a) The salaries of persons who have Stat. 929) as amended and extended, or professional responsibilities under the Title I of the Vocational Education Act State plan and who meet qualifications of 1946, as amended and extended. AC- described in the State plan for such posicordingly grants for carrying on prac- tions; also, the salaries of clerical and tical nurse training activities which do service personnel working under the dinot constitute an extension or improve- rection of the qualified professional ment for the purposes of Title II are personnel. available under other vocational educa- (b) Necessary expenditures for travel, tion programs to the same extent as provided they are in accordance with though Title II had not been enacted. State rules and regulations governing Activities which do constitute an exten- travel and the provisions for travel set sion and improvement of practical nurse forth in the State plan. training may also be claimed under other (c) Current administrative expendivocational education programs to the tures such as communications, supplies, extent that their cost is not claimed printing, and (when suitable space is not under Title II.

available in publicly owned buildings) § 103.10 Other health occupations.

rental of space, light, heat, and janitor

service. Charges for rental of space, "Other health occupations” for which

light, heat, and janitor services shall be training may be given are those requir

restricted to payments for such items in ing training similar in nature to that

buildings which are not publicly owned. for practical nursing. Expenditures for

For the purpose of this paragraph, training for “other health occupations”

capital expenditures for items of equipunder a plan for extension and improve

ment costing more than $10 will not ment of practical nurse training may be

be considered current administrative claimed as a cost of carrying out such

expenditures. plan only when all of the following con

(d) Employer's contributions to retireditions inherent in the training of prac

ment, workmen's compensation, and tical nurses under the plan are met:

other welfare funds maintained for one (a) The training required for the

or more general classes of employees of occupation:

the State agency. (1) Is of less than college grade (see

(e) Equipment and supplies for in$ 103.3) and is given in schools or classes

struction. For the purposes of this para(including field or laboratory work incident thereto),

graph equipment for instruction shall

mean equipment used directly in the (2) Combines theoretical instruction

instructional process rather than equipand learning through supervised practice,

ment, such as desks and chairs, which (3) Develops basic understandings and

is merely accessory and subordinate to necessary skills required in giving nurs

the instructional process. ing care or other health services to the

(23 F.R. 3100, May 9, 1958, as amended at patient, and

28 F.R. 6187, June 15, 1963) (4) Is not so simple or brief as to be most easily provided by employers as a

& 103.12 Effect of State rules. part of employee orientation.

Subject to the provisions and limita(b) Employment opportunities in the tions of Title II and this part, Federal occupation in hospitals or other health financial participation will be available agencies warrant setting up a training only in expenditures made under the program.

State plan in accordance with applicable (c) The occupation is not recognized State laws, rules, regulations, and standas an occupation in other than the ards governing expenditures by State health field. In applying this condition and local agencies.

86-096—68 --12

$ 103.13 Public nature of funds.

The expenditures to be considered in computing Federal participation must be made from public funds.

(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. § 103.14 Pro-rating.

In determining the amount of the Federal grant only the costs of carrying out the approved State plan can be considered. Where an expenditure is made for the benefit of this program and any other programs, whether vocational or not, the amount to be charged as a cost of carrying out the State plan under this title, shall not exceed the amount arrived at under a reasonable apportionment. 8 103.15 Effect of payments.

(a) Neither the approval of the State plan nor any payment to the State pursuant thereto shall be deemed to waive the right or duty of the Commissioner to withhold funds by reason of the failure of the State to observe, before or after such administrative action, any Federal requirements.

(b) The final amount to be paid for any period is determined on the basis of expenditures under the State plan with respect to which Federal financial participation is authorized. The state assumes responsibility for accounting for all payments made out of its allotment by making expenditures for authorized plan purposes.

Subpart B-State Plan Provisions

GENERAL Sec. 104.2

State plan. 104.3 State board. 104.4 State administration and leadership. 104.5 Custody of Federal funds. 104.6 Allocating Federal funds under the

1963 Act. 104.7 Cooperative arrangements with State

employment service. 104.8 Cooperative arrangements with other

agencies. 104.9 Metropolitan and other special areas. 104.10 Cooperative agreements with other

States. 104.11 Minimum quallfications of personnel. 104.12 State reports. VOCATIONAL EDUCATION PROGRAMS AND

SERVICES 104.13 Programs for vocational instruction, 104.14 Vocational instruction under con

tract. 104.15 Apprenticeship program. 104.16 Cooperative programs. 104.17 Business and office education, 104.18 Vocational guidance and counseling

services. 104.19 Program of teacher tranining. 104.20 Research, demonstration and experi.

mental programs. 104.21 Administration, supervision, and

other ancillary services.

CONSTRUCTION 104.22 Policies and procedures for approval

of area vocational education school

facility projects. 104.23 Terms and conditions for approval of

projects.

WORK-STUDY PROGRAMS 104.24 Supplement to State plan. 104,25 Requirements of work-study pro

gram. 104.26 Approval of work-study programs. Subpart — Federal Financial Participation

GENERAL 104.27 Application of Federal requirements. 104.28 Transfer of allotments. 104.29 Date of allowing expenditures. 104.30 Allotment availability. 104.31 Application of State rules. 104.32 State fiscal and accounting proce

dures. 104.33 Determination of fiscal year's allot

ment to which expenditure 18

chargeable. 104.34 Payment of funds to local educa

tional agency. 104.35 Proration of costs. 104.36 Fiscal audit and retention of records. 104.37 Disposition of facilities and equipe

ment.

PART 104— VOCATIONAL EDUCA

TION; FEDERAL ALLOTMENTS TO
STATES

Subpart A-Definitions
Sec.
104.1 Definitions.

MATCHING REQUIREMENTS AND PURPOSES Sec.

and

104.70 Trade Sec.

industrial education

defined. 104.38 Matching of Federal funds; amounts required.

104.71 State plan requirements for trade 104.39 Sources of matching funds.

and industrial education, 104.40 Basis for matching.

104.72 Evening classes.

104.73 Part-time classes. 104.41 Matching purposes. 104.42 Matching purposes within specific

104.74 Pre-employment day trade classes. allotments of Federal funds.

104.75 Employment in trade and Industrial

occupation, ALLOWABLE EXPENDITURES

VOCATIONAL EDUCATION IN FISHERY 104.43 Allowable expenditures for programs

OCCUPATIONS and services. 104.44 Allowable expenditures for construc- 104.76 Vocational education in fishery tion of area vocational education

occupations. school facilities under the 1963

VOCATIONAL EDUCATION IN HEALTH Act.

OCCUPATIONS 104.45 Allowable expenditures for workstudy programs.

104.77 Vocational education in health occu. 104.46 Sabbatical and educational leave.

pations. 104.47 Travel and transportation expenses.

104.78 Health occupations defined. 104.48 Instructional equipment, supplies,

104.79 State plan provisions for vocational and teaching aids.

education in health occupations. 104.49 Other related expenditures.

104.80 Allowable uses of funds.

TECHNICAL EDUCATION UNDER TITLE III Subpart D-Payment and Reports 104.50 Certification of Federal funds.

104.81 Technical education, programs un104.51 Method of payment.

der title III. 104.52 Effect of Federal payments.

104.82 Occupations necessary for national 104.53 Disposition of unexpended Federal

defense. funds and reallotment.

104.83 State plan requirements. 104.54 Interest.

104.84 Special condition on payment of Fed104.55 State annual reports.

eral funds. Subpart E-Smith-Hughes and George-Barden

AUTHORITY: The provisions of this part

104 Issued under 39 Stat. 929 as amended, 46 Acts: Special Provisions

Stat. 1489 as amended, 49 Stat. 1488 as GENERAL

amended, 64 Stat. 27 as amended, 70 Stat. 104.56 Applicability of regulations to exist

909 as amended, 76 Stat. 686 as amended, 77 ing programs under the Smith- Stat. 403; 20 U.S.C. 11-15, 16–28, 30–34, 35– Hughes, George-Barden, and sup

35n, 151–159, 15aa-153), 15aa8-16888, 48 U.S.C. plementary acts.

1667. 104.57 Condition for payment of Federal SOURCE: The provisions of this Part 104 apfunds under Smith-Hughes Act.

pear at 29 F.R. 12339, Aug. 28, 1964, unless 104.58 Interrelationships among the various otherwise noted.

vocational education fields. 104.59 Minimum age of enrollment.

Subpart A-Definitions
AGRICULTURAL EDUCATION

8 104.1 Definitions. 104.60 Vocational education in agriculture.

As used in this part: 104.61 Agricultural occupations defined. 104.62 Plan requirements for agricultural

(a) "Acts”, “vocational education education.

acts", or "Federal acts" means the

Smith-Hughes Act, the three titles of the DISTRIBUTIVE EDUCATION

George-Barden Act, the supplementary 104.63 Vocational education in distributive

acts, and the Vocational Education Act occupations.

of 1963. 104.64 Distributive occupations defined.

(1) "Smith-Hughes Act" means the 104.65 State plan requirements: distribu. tive education.

Act of February 23, 1917 (Public Law 347, VOCATIONAL EDUCATION IN HOME ECONOMICS

64th Congress, 39 Stat. 929, 20 U.S.C.

11-15, 16-28). 104.66 Vocational education in home eco

(2) "George-Barden Act" means the nomics. 104.67 Home economics defined.

Vocational Education Act of 1946 with 104.68 State plan requirements for home all amendments and additions, including economics.

the original Vocational Education Act of TRADE AND INDUSTRIAL EDUCATION

1946 in “Title I–Vocational Education 104.69 Vocational education in trades and in Agriculture, Home Economics, Trades industries.

and Industry, and Distributive Occupa

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