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tions" (Act of June 8, 1936, Public Law time study in preparation for entering 673, 74th Congress, 49 Stat. 1488 as the labor market; and amended by Act of August 1, 1946, Pub (iv) The department or division of a lic Law 586, 79th Congress, 60 Stat. 775, junior college or community college or and Act of August 8, 1956, Public Law university which, under the supervision 1027, 84th Congress, 70 Stat. 1126, 20 of the State board, provides vocational U.S.C. 151–159); “Title 11—Vocational education in no less than five different ocEducation in Practical Nursing" (Title cupational fields leading to immediate III, Act of August 2, 1956, Public Law employment but not leading to a bac911, 84th Congress, 70 Stat. 925, as calaureate degree. amended in Act of April 24, 1961, Public (2) An "area vocational education Law 87-22, 75 Stat. 44, 20 U.S.C. 15aa school" shall be available to all residents 15ii); and “Title III-Area Vocational of the State or an area of the State Education Programs" (Title VIII, Na designated and approved by the State tional Defense Education Act of 1958, board. In the case of a technical or Public Law 85–864, 72 Stat. 1597, 20 vocational school described in subparaU.S.C. 15aaa-15ggg).
graph (1) (ii) of this paragraph or a (3) "Supplementary acts” means sec department or division of a junior coltion 1 of the Act of March 3, 1931, relat lege or community college or university ing to vocational education in Puerto described in subparagraph (1) (iv) of Rico (Public Law 791, 71st Congress, 46 this paragraph, such school must admit Stat. 1489, 20 U.S.C. 30); the Act of as regular students both persons who March 18, 1950, relating to vocational have completed high school and persons education in the Virgin Islands (Public who have left high school. Law 462, 81st Congress, 64 Stat. 27, 20 (c) “Business and office occupations" U.S.C. 31-33); section 9 of the Act of means those occupations pursued by inAugust 1, 1956, relating to vocational ed dividuals in public or private enterprises ucation in Guam (Public Law 896, 84th or organizations which are related to Congress, 70 Stat. 909, 20 U.S.C. 34); and the facilitating function of the office section 2 of the Act of September 25, and includes such activities as recording 1962, relating to vocational education in and retrieval of data, supervision and American Samoa (Public Law 87-688, 76 coordination of office activities, internal Stat. 586, 48 U.S.C. 1667).
and external communication, and re(4) "1963 Act” means the Vocational porting of information. Education Act of 1963 (Part A of Pub (d) “Commissioner" means the Comlic Law 88–210, 77 Stat. 403, 20 U.S.C.
missioner of Education, U.S. Department 35-35n).
of Health, Education, and Welfare. (b) "Area vocational education school"
(e) “Construction project" means a means any public school or public insti
specific proposal for construction of an tution the facilities or which can be con
area vocational school facility which structed with Federal fu under th will be accomplished at a single site as provisions of section 4(a) (5) of the 1963 provided in § 104.44. Act.
(f) "Employment" means lawful work (1) These may include only:
in a recognized occupation. (1) A specialized high school used ex
(g) "Equipment” means a fixed or clusively or principally for the provision
movable article or set of articles which of vocational education to persons who
meet all the following conditions: (1) are available for full-time study in prep
The article retains its original shape and aration for entering the labor market;
general appearance with reasonable care
and use over a period of at least one (ii) The department of a high school exclusively or principally used for pro
year; (2) it is nonexpendable; that is,
if the article is damaged or some of its viding vocational education in no less than five different occupational fields to
parts are lost or worn out, it is usually
more feasible to repair it than to replace persons who are available for full-time
it with an entirely new unit; and (3) it study in preparation for entering the
does not lose its identity through incorlabor market;
poration into a different or more com(iii) A technical or vocational school
plex unit or substance. See for example used exclusively or principally for the
104.1(n) (2) and § 104.48. provision of vocational education to per (h) “Funds", unless otherwise specisons who have completed or left high fied, means any public funds available school and who are available for full for expenditure under the State plan,
whether derived from Federal grants or tions concerned with the definition and State or local appropriations or other classification of occupations. sources. See § 104.27 for further (n) "School facilities" means the faexplanation.)
cilities of an area vocational education (i) “Gainful employment” means em- school which may be constructed with ployment in a recognized occupation for Federal funds under section 4(a) (5) of which persons normally receive a wage, the 1963 Act, including salary, fee, or profit.
(1) Instructional and auxiliary rooms (j) "High school” or “secondary
and space necessary to operate a proschool" shall not be applicable to instruc
gram of vocational instruction at normal tion at any grade beyond grade 12.
capacity (in accordance with the State (k) "Local educational agency" means
plan and the laws and customs of the a board of education or other legally
State), such as classrooms, libraries, labconstituted local school authority having
oratories, workshops, cafeterias, ofice administrative control and direction of
space and utility space. This would not public elementary or secondary schools
include facilities intended primarily for in a city, county, township, school dis
events for which admission is to be trict, or political subdivision in a State,
charged to the public such as single puror any other public educational insti
pose auditoriums, indoor arenas, or outtution or agency having administrative
door stadiums. control and direction of a vocational ed
(2) Initial equipment of the school faucation program (except as otherwise
cilities described in subparagraph (1) provided in section 210(d) of the George
of this paragraph includes all necessary Barden Act for health occupations train
building fixtures and utilities, furnishing.) In the regulations of this part.
ings (including conventional classroom anything modified by the adjective
and office furniture), and instructional “local" pertains to a "local educational
equipment as defined in $ 104.48.
(i) In connection with the erection of agency'' herein defined. (1) "Occupational field"
new or the expansion of existing facili
means group of recognized occupations having
ties, initial equipment shall include only
that equipment which must be placed in substantial similarities common to all occupations in the group, e.g., similarity
the proposed facility to accommodate the
type of instruction or other vocational in the work performed; similarity in the abilities and knowledge required of the
education purpose for which the facility
is designed worker for successful job performance; similarity in the tools, machines, instru
(ii) In connection with the remodelments and other equipment used; and
ing and alteration of existing facilities, similarity in the basic materials worked
initial equipment also may include on or with. The term is applied, in the
equipment installed to replace obsolete case of Federal participation in the con
or wornout equipment. Any reimburse
ment for salvage or trade-in value of any struction of an area vocational school, to determine whether a department of
such equipment shall be deducted in a certain type of high school, or a de
computing the cost of such replacement partment or division of a junior college,
equipment to be included in the construccommunity college, or university pro
tion costs of a proposed project. vides "vocational education in no less
(3) Interests, whether in fee, leasethan five different occupational fields”.
hold, or otherwise, in land on which such (See $ 104.1(b) (1) (ii) and (iv).) The
facilities are to be constructed. purpose is to assure that such schools
(0) "State" means a State of the will have offerings that will afford pro- Union, the District of Columbia, Puerto spective students of varying interests a Rico, Virgin Islands, Guam, or American reasonably broad choice of the type of Samoa, except that, with respect to funds occupation for which they are to be under the Smith-Hughes Act, the term trained. Determinations of what is an does not include the District of Columbia, "occupational field" will be made in the Virgin Islands, Guam, or American light of this purpose.
Samoa. (m) "Recognized occupation" means (p) "State board” means the State a lawful occupation that the Commis- Board for Vocational Education desigsioner finds is identifiable by employers, nated or created pursuant to section 5 of employee groups, and governmental and the Smith-Hughes Act and described in non-governmental agencies and institu- $ 104.3.
(q) “Vocational education" includes programs, services, or activities related to vocational or technical training or retraining and provided for under the acts, the regulations of this part, and the State plan. In these regulations, anything modified by the adjective “vocational" pertains to “vocational education" as herein defined. See $$ 104.13 to 104.21 for description of programs, seryices, or activities related to vocational and technical training or retraining.
Subpart BState Plan Provisions & 104.2 State plan.
(a) Submission and approval. As a condition for the allotment of Federal funds, the State board is required to adopt and submit to the Commissioner a State plan. If found by the Commissioner to be in conformity with the provisions and purposes of the Acts and regulations, the plan will be approved. The Commissioner shall not finally disapprove a State plan except after reasonable notice and opportunity for a hearing has been offered to the State board. The effective date of the State plan is the date on which it is received by the Commissioner in substantially approvable form.
(b) Amendment. The administration of vocational education programs under the State plan must be kept in conformity with the approved State plan. Whenever there is any material change in the content or administration of such program, or in pertinent State law, or in the organization, policies, and operations of the State board affecting the programs under the plan, the State plan shall be appropriately amended by the State board, and such amendment shall be submitted to the Commissioner. The effective date of such amendment is the date on which it is received by the Commissioner in substantially approvable form.
(c) Laws, policies, and procedures. The State plan is a description of the State's vocational education programs. It shall set forth the State's authority under State law for its administration of such programs.
It shall include the policies to be followed by the State in maintaining, extending, and improving existing programs and developing new programs of vocational education so that persons of all ages in all communities of the State will have ready access to vocational training or retraining which is of high quality, with offerings that have been developed in the light of actual or
anticipated opportunities for employment, and which is suited to the needs, interests, and ability of such persons to benefit from such training.
(1) For State plan requirements applicable to vocational education under the Acts:
(i) Regarding vocational education in general, see $ 104.2 to $ 104.12.
(it) Regarding specific vocational education programs, services, and activities, see $ 104.13 to 104.26.
(iii) Regarding Federal financial participation, see appropriate sections in Subpart C.
(2) For specific State requirements regarding funds not transferred from the various allotments under the SmithHughes, George-Barden and supplementary acts to the allotment under section 3 of the 1963 Act, see sections 8, 10, 11, and 12 of the Smith-Hughes Act and section 7 of title I of the George-Barden Act and § 104.56 to $ 104.76; section 205 (a) of title II of the George-Barden Act and § 104.77 to 104.80 of the regulations; and section 305(a) of title III of the George-Barden Act and $104.81 8 104.84.
(d) Certification of State plan-(1) Certification by State board. The State plan and all amendments thereto shall include as an attachment a certificate of the officer of the State board authorized to submit the State plan to the effect that the plan or amendment has been adopted by the State board and that the plan, or plan as amended, will constitute the basis for operation and administration of the vocational education programs in which Federal financial participation will be made.
(2) Certification by State Attorney General. The State plan shall also include as an attachment a certificate by the State's Attorney General, or other official designated in accordance with State law to advise the State board on legal matters, to the effect that the State board named in the plan is the State board which has authority under the State law to submit the State plan and to administer or supervise the administration of the vocational education programs described therein as the sole agency responsible for administration of the plan; and that all the plan provisions are consistent with the State law. 8 104.3
State board. (a) Designation or creation. As & condition for the receipt of its allotments
of Federal funds, the Acts require that advisory council if one is appointed or the State, through its legislative author designated in compliance with paraity, designate or create a State board of graph (a) of this section), indicating the not less than three members having all members who meet the qualifications renecessary power to cooperate with the quired by paragraph (a) of this section. Office of Education in the administra The report shall indicate what past extion of the State plan. The State plan perience or association, particularly reshall identity the State board so des cent experience or association, qualify ignated and created. In administering such members as persons meeting such the vocational education programs for requirements. which allotments are made to the States (3) The State board shall indicate in under the Acts, the Office of Education its annual report for each fiscal year subwill deal only through the State board mitted pursuant to § 104.55(b): and its authorized representatives except (1) Its consideration of the vocational as otherwise provided for in the State education needs of management and plan. (See for example § 104.9.)
labor in the State in formulating and (b) Composition of State board or carrying out its vocational education State advisory council. (1) The State programs, and the extent to which it plan shall provide that either the State relied on members of the State board or board or a State advisory council created advisory council familiar with such needs or designated by the State board to con in formulating and carrying out such sult with the State board in carrying out programs. the State plan include as members (1) (ii) The actual or anticipated role of persons familiar with the vocational ed junior colleges, technical institutes, and ucation needs of management and labor other institutions providing education in the State, and (11) a person or persons beyond the high school level which make representative of junior colleges, tech available vocational education to pernical institutes, or other institutions of sons who have completed or left high higher education which provide programs school, to persons who have already enof technical or vocational training meet tered the labor market, and to persons ing the description and requirements with academic, socioeconomic or other of vocational instruction provided in handicaps preventing them from suc$ 104.13. The State plan shall describe ceeding in the regular vocational educathe criteria to be followed in determining tion programs, and the extent to which whether such persons meet such quali the State board relied on representatives fications. With respect to persons fa of such institutions in developing such miliar with the vocational needs of man a role. agement and labor in the State, such (c) Authority of State board. Aucriteria shall indicate that such famil thority to administer vocational educaiarity will have been acquired directly tion at the State level or to supervise the through recent ac ial experience and administration of vocational education work in or association with the fields of at the local level shall rest solely with the management and labor in the State. State board. The state plan shall set with respect to a person or persons forth the authority of the State board representative of junior colleges, techni under State law to submit the State plan cal Institutes, and other institutions of and administer the program contained higher education in the State adminis therein. If there is any administration tering vocational education programs by local educational agencies, the basis meeting the standards and requirements
under State law for the supervision of outlined in § 104.13, such criteria shall
such administration by the State board indicate the necessity of recent associa
shall also be set forth. Coples of, or tion with such an institution in the State
citations to, all directly pertinent laws (or, if no institution exists within the
and interpretations of laws by approState, association with such an institu
priate State officials or courts shall be tion outside the State) and familiarity
furnished as part of the State plan. with that institution's vocational education programs.
§ 104.4 State administration and leader. (2) In its annual report submitted
ship. pursuant to $ 104.55, the State board (a) Adequate State board staf. The shall include an appendix listing the State plan shall provide for a State staff members of the State board (or State sufficiently adequate to enable the State
board to administer, supervise, and evaluate vocational education programs, services, and activities under the State plan to the extent necessary to assure quality in all vocational education programs which are realistic in terms of actual or anticipated employment opportunities and suited to the needs, interests, and abilities of those being trained.
(b) Organization of State board staff. The State plan shall describe the organizational structure of such a staff, including a description of its units, the functions assigned to each, and the relationships among the units within the State board staff and with other State agencies and institutions responsible for conducting programs of vocational and technical education. The titles of all State officials who are to have authority in the administration and supervision of the program shall be given in the State plan, and their responsibilities described. This description shall be sufficient to enable the Commissioner to find that the State board has an adequate staff to provide requisite administration and supervision of the federally aided vocational education programs. If the scope and responsibilities of the program aided by Federal funds under the Acts require it, the plan shall provide for a full-time director or a fulltime executive officer who shall have no substantial duties outside the vocational education program. § 104.5 Custody of Federal funds.
The State plan shall provide that the State, through its legislative authority, will designate its State treasurer (or, if there be no State treasurer, the officer exercising similar functions for the State) to receive and provide proper custody of all Federal funds granted under the Acts to be disbursed under applicable State laws and regulations on requisition or order of the State board. The State plan shall identify the official
designated to receive the funds. Copies of, or citations to, all directly pertinent laws and interpretations of laws by appropriate State officials or courts indicating the authority of the State treasurer or other official designated to receive, hold, and disburse funds on requisition or order of the State board shall be furnished as part of the State plan.
§ 104.6 Allocating Federal Funds under
the 1963 Act. (a) Policies and Procedures. The State plan shall set forth the policies and procedures to be used by the State as criteria in allocating Federal funds allotted to it under section 3 of the 1963 Act among the various uses indicated in section 4(a) of the 1963 Act and § 104.41 (b), and in allocating funds to local educational agencies in the State. Such policies and procedures shall be designed to insure that:
(1) Due consideration is given to
(i) The vocational education needs of all persons of all age groups in all communities of the State, and
(ii) The results of periodic evaluation of State and local vocational education programs and services in light of
(a) Current and projected manpower needs and job opportunities;
(6) The need for maintaining, extending and improving existing programs and developing new programs of vocational education.
(2) Federal funds allotted to the State under section 3 of the 1963 Act shall not be used to supplant State or local funds, and, to the extent practical, shall be used to increase the amounts of State and local funds that would in the absence of such Federal funds be made available for the purposes in section 4(a) of the 1963 Act and in § 104.4(b), toward the end that
(i) All persons in all communities in the State will have ready access to vocational education.
(ii) Such vocational education is of high quality.
(iii) Such vocational education is suited to the needs, abilities, and interests of the students.
(3) In developing policies and procedures for determining whether and what amount of Federal funds will be allocated for direct expenditure by the State board or for expenditure by a local educational agency in a manner pursuant to subparagraph (2) of this paragraph, the State board shall set forth in its State plan criteria for making such determination which take into consideration, among other relevant factors, the following:
(i) The amount of State or local funds budgeted for expenditure by such board or agency for vocational education in the fiscal year in which the allocation of