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professional nurse or shall have the consultative services of a registered professional nurse available to him. The place in the administrative structure of the supervisor who is a registered professional nurse and a member of the staff of the State board is to be set forth in the State plan together with duties and the minimum qualifications to be required for the position. If the supervision of the practical nurse training program is assigned to a person who is not a registered professional nurse, it is necessary that the State provide for the consultative services of a registered professional nurse. In such case the State plan shall set forth the duties and the minimum qualifications of the consultant and the arrangements under which the consultative services are to be used on a planned systematic year-round basis to assure that the technical aspects of the training program meet acceptable standards.

(g) Minimum qualifications of teachers, teacher-trainers, supervisors and directors. The State plan shall contain minimum qualifications for teachers, teacher-trainers, supervisors and directors having responsibilities in carrying out the State plan. These minimum qualifications must apply to all such personnel engaged directly or substantially in activities for which funds are used under the plan regardless of whether there is to be Federal financial participation in their salaries.

(h) Custody of funds granted under Title II. The State plan shall specify the official authorized by State law to receive and provide for the custody of all funds paid to the State under Title II. These as well as all other funds held for plan purposes at the State level must be held subject to requisition or disbursement by the State board.

(1) Plan provision for reports. The State plan shall provide that the State board will make such reports, in such form and containing such information, as the Commissioner may from time to time reasonably require to carry out his functions under Title II, and comply with such provisions as he may from time to time find necessary to assure the correctness and verification of such reports.

(j) Submission. The State plan and all amendments thereto shall be submitted by a duly authorized officer of the State board. The plan shall indicate the official or officials who are authorized to submit plan material.

(k) Amendment. The plan must be amended whenever necessary to reflect any material change in the program provided for by the plan, any changes in pertinent State law or in the organization, policies or operations relating to the program.

§ 103.3 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 only when all of the following conditions exist:

(a) The course is terminal in nature rather 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 designed 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.

§ 103.4 Public supervision and 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 and control. A school or class is considered to be under public supervision and 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 public school 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 shall 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.

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Under section 202(a) of Title II, each State is entitled to an allotment out of the funds appropriated for each fiscal year. Each State will be notified of the amount of its allotment for a year as soon as possible after the appropriation is made by Congress.

§ 103.6 Reallotment.

(a) Pursuant to section 202(b) of Title II, amounts of allotments which are certified, on or before the dates fixed by the Commissioner, as not required for carrying out the States' plans will be realloted to the other States.

(b) Reallotments will be made in proportion to the original allotments to the States for the fiscal year under section 202(a) of Title II, except that, subject to the provisions of paragraph (c) of this section, (1) not reallotment will be made to any State which has certified that it will not require the full amount of its allotment for such year, and (2) the total amounts reallotted to a State will not exceed the amount which it has certified will be needed for such year.

(c) Any State which (1) has certified that it will not require the full amount of its allotment, or (2) has certified as to the amount in excess of its original allotment which will be required to carry out the State plan for a fiscal year, may nevertheless amend such certification by filing the appropriate form with the Commissioner on or before a date fixed pursuant to paragraph (a) of this section. The amended certification will then be used in computing all reallotments for that fiscal year made subsequent to such date.

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(a) Reporting and accounting in the administration of the act on the Federal, State, and local levels shall be based upon the Federal Government's fiscal year, which begins on the first day of July and ends on the 30th day of June.

(b) An expenditure under a State plan will be charged to that Federal fiscal year in which the obligation was incurred. Expenditure reports are to be prepared on this basis. For the purposes of this section, "obligation" shall mean only bona fide encumbrances which are supported by contracts or other

evidence of liability consistent with State purchasing procedure.

§ 103.8 Annual report.

In addition to information supplied in connection with periodic requests for grants, each State shall make an annual report on the operation of its program, as outlined by instructions which will be supplied to the State board. If from time to time there is a need for information from the State which is not secured from the regular annual reports, special reports will be requested.

§ 103.9 Extension and improvement of practical nurse training.

(a) Under Title II, Federal financial participation is available only in expenditures made under the State plan for the "extension and improvement” of practical nurse training. Such phrase includes expenditures for purposes such as the following:

(1) To encourage the establishment of programs for training practical nurses in communities not served;

(2) To stimulate the expansion of the program of training practical nurses in communities that have not been able to train the number of practical nurses needed;

(3) To develop programs of training for other approvable health occupations;

(4) To improve the program through such means as: (i) More effective use of advisory committees, (ii) better selection of trainees, (iii) increased retention of those who enroll, (iv) better placement of those completing training, (v) improvement of curriculum and teaching aides, (vi) improvement of administration, supervision, coordination and teaching;

(5) To secure necessary educational information and data as a basis for the proposed development and improvement of the practical nurse training program, through such means as:

(i) Gathering data and other factual information which will be of assistance in planning and operating the program,

(ii) Conducting studies and surveys dealing with the needs for practical nurse training, the methods and materials to be used and the results obtained from instruction,

(iii) The appraisal and preparation of instructional materials,

(iv) The evaluation of facilities. (b) In order to use Federal funds for research, the State plan shall set forth

the qualifications of the persons who are to conduct the research. The items for which reimbursement may be made are the same as those for State supervision.

(c) Section 207 of Title II provides that nothing in such title shall in any way affect the availability for practical nurse training of amounts paid the States under the Act of February 23, 1917 (39 Stat. 929) as amended and extended, or Title I of the Vocational Education Act of 1946, as amended and extended. Accordingly grants for carrying on practical nurse training activities which do not constitute an extension or improvement for the purposes of Title II are available under other vocational education programs to the same extent as though Title II had not been enacted. Activities which do constitute an extension and improvement of practical nurse training may also be claimed under other Vocational education programs to the extent that their cost is not claimed under Title II.

§ 103.10 Other health occupations.

"Other health occupations" for which training may be given are those requiring training similar in nature to that for practical nursing. Expenditures for training for "other health occupations" under a plan for extension and improvement of practical nurse training may be claimed as a cost of carrying out such plan only when all of the following conditions inherent in the training of practical nurses under the plan are met:

(a) The training required for the occupation:

(1) Is of less than college grade (see § 103.3) and is given in schools or classes (including field or laboratory work incident thereto),

(2) Combines theoretical instruction and learning through supervised practice,

(3) Develops basic understandings and necessary skills required in giving nursing care or other health services to the patient, and

(4) Is not so simple or brief as to be most easily provided by employers as a part of employee orientation.

(b) Employment opportunities in the occupation in hospitals or other health agencies warrant setting up a training program.

(c) The occupation is not recognized an occupation in other than the health field. In applying this condition

as

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the scope and nature of the duties rather than the title of the occupation are basic. § 103.11 Reimbursable costs of carrying out the State plan.

The expenditures which are reimbursable include, to the extent that they are incurred for the purposes of title II:

(a) The salaries of persons who have professional responsibilities under the State plan and who meet qualifications described in the State plan for such positions; also, the salaries of clerical and service personnel working under the direction of the qualified professional personnel.

(b) Necessary expenditures for travel, provided they are in accordance with State rules and regulations governing travel and the provisions for travel set forth in the State plan.

(c) Current administrative expenditures such as communications, supplies, printing, and (when suitable space is not available in publicly owned buildings) rental of space, light, heat, and janitor service. Charges for rental of space, light, heat, and janitor services shall be restricted to payments for such items in buildings which are not publicly owned. For the purpose of this paragraph, capital expenditures for items of equipment costing more than $10 will not be considered current administrative expenditures.

(d) Employer's contributions to retirement, workmen's compensation, and other welfare funds maintained for one or more general classes of employees of the State agency.

(e) Equipment and supplies for instruction. For the purposes of this paragraph equipment for instruction shall mean equipment used directly in the instructional process rather than equipment, such as desks and chairs, which is merely accessory and subordinate to the instructional process.

[23 F.R. 3100, May 9, 1958, as amended at 28 F.R. 6187, June 15, 1963]

§ 103.12 Effect of State rules.

Subject to the provisions and limitations of Title II and this part, Federal financial participation will be available only in expenditures made under the State plan in accordance with applicable State laws, rules, regulations, and standards governing expenditures by State and local agencies.

§ 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. § 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.

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104.33 Determination of fiscal year's allotment to which expenditure is chargeable.

104.34 Payment of funds to local educational agency.

104.35

104.36

104.37

Proration of costs.

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104.82

104.83

Occupations necessary for national defense.

State plan requirements.

104.84 Special condition on payment of Federal funds.

AUTHORITY: The provisions of this Part 104 issued under 39 Stat. 929 as amended, 46 Stat. 1489 as amended, 49 Stat. 1488 as amended, 64 Stat. 27 as amended, 70 Stat. 909 as amended, 76 Stat. 586 as amended, 77 Stat. 403; 20 U.S.C. 11-15, 16-28, 30-34, 3535n, 151-15q, 15aa-15jj, 15aaa-15ggg, 48 U.S.C. 1667.

SOURCE: The provisions of this Part 104 appear at 29 F.R. 12339, Aug. 28, 1964, unless otherwise noted.

§ 104.1

Subpart A-Definitions

Definitions.

As used in this part:

(a) "Acts", "vocational education acts", or "Federal acts" means the Smith-Hughes Act, the three titles of the George-Barden Act, the supplementary acts, and the Vocational Education Act of 1963.

(1) "Smith-Hughes Act" means the Act of February 23, 1917 (Public Law 347, 64th Congress, 39 Stat. 929, 20 U.S.C. 11-15, 16-28).

(2) "George-Barden Act" means the Vocational Education Act of 1946 with all amendments and additions, including the original Vocational Education Act of 1946 in "Title I-Vocational Education in Agriculture, Home Economics, Trades and Industry, and Distributive Occupa

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