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Federal funds is to be made; as compared tain such further information as he may with

require to determine whether a State has (ii) The amount of State or local funds in fact complied with such policies and expended by such board or agency for procedures. vocational education in the preceding

$ 104.7 Cooperative arrangements with fiscal year or years, with allowances

State employment service. made for unusually large amounts of funds expended for such long-term pur

The State plan shall provide for coposes as the acquisition of equipment

operative arrangements with the public and the construction of area vocational

employment service system in the State. school facilities.

Such arrangements shall be approved (b) Reports. (1) In the State's an

by the State board and by the State head nual estimate for the current fiscal year

of such system. Under such cooperasubmitted pursuant to $ 104.55(a), the

tive arrangements: State board shall indicate (i) which

(a) The employment offices will make amounts of Federal funds to be allotted

available to the State board and local will be allocated to each of the uses re

educational agencies occupational inforferred to in paragraph (a) of this section,

mation regarding reasonable present and (ii) how such allocations of Federal

and future prospects of employment in funds are designed to insure that the

the community and elsewhere. The State is meeting the requirements set

State plan shall provide how such inforforth in paragraph (a) of this section.

mation, along with all other pertinent The State board shall also indicate how

information available, will be considits allocation of Federal funds among the

ered by the State board or local educalocal educational agencies within the

tional agencies in providing vocational State is designed to insure that the State

guidance and counseling to students and is meeting such requirements.

prospective students and in determin(2) In the State's annual report for the

ing the occupations for which persons

are to be trained, and in providing such previous fiscal year submitted pursuant to $ 104.55(b), the State board shall also

training.

(b) Guidance and counseling personprovide the same type of information relating to allocations of Federal funds

nel of the State board and local educaas that provided in the annual estimate

tional agencies working through the pursuant to subparagraph (1) of this

cooperative arrangement will make paragraph, and to what degree expendi

available to the local public employment

offices information regarding the occupa. tures from such allocations enabled the State to meet the requirements set forth

tional qualifications of persons having in paragraph (a) of this section.

completed or completing vocational edu(c) Responsibility of Commissioner.

cation courses in schools. The State

plan shall provide how such information To aid in disclosing situations where Fed

will be considered in the occupational eral funds may be or might have been al

guidance and placement of such persons. located or used in a manner contrary to the State's policies and procedures set $ 104.8 Cooperative arrangements with forth in its State plan pursuant to para

other agencies. graph (a) of this section, the Commis

In order to provide all individuals with sioner shall initially consider the infor

ready access to suitable vocational edumation submitted by the States pursuant

cation of high quality with offerings to paragraph (b) of this section, in

which have been developed in light of cluding data indicating whether the total

actual or anticipated opportunities for amount of State and local funds esti

employment, the State plan may provide mated for expenditure or expended for

for cooperative arrangements between vocational education in the fiscal year the State board or local educational under question appears to be less than agency, or both, and other public or that expended for the previous fiscal non-public agencies, institutions and oryear, or that such amount was not in- ganizations concerned with vocational creased to a degree commensurate with education programs under the State the current needs for vocational edu- plan, or having knowledge of or inforcation in the State. In the event of mation concerning individuals who have such a disclosure the Commissioner or received, are receiving, or are in need of his designated representatives shall ob- receiving vocational education.

§ 104.9 Metropolitan and other special

areas.

(a) The State plan may provide for special arrangements for metropolitan and other areas having special vocational education needs which are not otherwise being sufficiently satisfied. Such arrangements may contain (1) special administrative arrangements and communications channels between the State board and local educational agency or group of agencies in such areas as may be required for the effective development and administration of vocational education programs in such areas, (2) special administrative relationships and communications channels between the local education agency or group of agencies in such areas and the U.S. Office of Education, and (3) special provisions for such agency or group of agencies designed to enable the vocational education needs of persons in such areas and communities to be satisfied more adequately, without being inconsistent with the State board's general responsibility for the administration and supervision of vocational education programs within the State.

(b) Upon entering into a special arrangement between the State board and a local educational agency or group of agencies pursuant to paragraph (a) of this section, the State board shall submit to the Commissioner an appendix to the State plan indicating.

(1) The location and extent of each metropolitan or other area covered by such an arrangement, and

(2) The provisions of such special arrangement including whatever special administrative relationships and communications channels between such agency or group of agencies and the U.S. Office of Education have been organized.

(c) Provisions in the State plan or its appendix pursuant to paragraphs (a) and (b) of this section shall be kept current in accordance with the procedure outlined in $ 104.2(b). § 104.10 Cooperative agreements with

other States. In order to provide all individuals with ready access to suitable vocational education of high quality with offerings which have been developed in light of actual or anticipated opportunities for employment, the State plan may provide that the State enter into a cooperative arrangement with one or more other

States for the conduct and administra. tion of vocational education programs, services, and activities described in $ 104.13 to $ 104.26. The state plan shall describe the policies and procedures of the State for approval of and participation in such arrangements. Copies of such cooperative agreements (including joint fiscal arrangements, if any) shal be forwarded by each participating State to the U.S. Office of Education for filing with the State plan. $ 104.11 Minimum qualifications of per

sonnel. The State plan shall describe the duties and contain the minimum qualifications for all professional personnel having responsibilities in connection with vocational education programs under the State plan. Such minimum qualifications shall apply to all personnel engaged directly or substantially in activities for which funds are used under the State plan regardless of whether there is to be Federal financial participation in their salaries. Such minimum qualifications shall contain standards of experience and education, and other requirements which are reasonable in relation to the duties to be performed. 8 104.12 State reports.

The State plan shall provide that the State board will make and submit to the Commissioner the reports described in $ 104.55, and such other reports in such form and containing such information as the Commissioner may from time to time reasonably require to carry out his functions under the Act; and will keep such records, afford such access thereto and comply with such other provisions as the Commissioner may find necessary to assure the correctness and verification of such reports. VOCATIONAL EDUCATION PROGRAMS AND

SERVICES § 104.13 Programs for vocational in.

struction. The State plan shall outline and describe the State board's programs for vocational instruction with information on the types of schools, classes, and programs in which Instruction is provided, and the standards and requirements of schools or classes providing such instruction which is of high quality and suited to the needs, abilities, and interests of the students. Among such standards

and requirements, the State plan shall (2) All students receiving vocational provide for the following:

instruction in preparatory classes under (a) Arrangements for instruction. the State plan will have an occupational

(1) Such instruction will be provided objective which is a matter of record. either (1) with respect to funds provided This objective may either be a specific under all the acts, by the State board or recognized occupation or a cluster of local educational agency in schools and

closely related occupations in an occupaclasses conducted under public supervi

tional field. sion and control meeting the criteria of (c) Occupational orientation of insubparagraph (2) of this paragraph, or struction. (1) The instruction will be (11) with respect to funds provided under related to the occupation for which the the 1963 Act, under contract with the student is being trained, except that: State board or a local educational agency. (1) Funds allocated under section 3

(2) To be under “public supervision of the 1963 Act may be used to provide and control," a school or class must meet instruction necessary for a bona fide the following criteria:

vocational student to benefit from in(1) It is organized and operated under

struction related to the occupation for the direction of the State board or a

which he is being trained, and local educational agency responsible for

(11) Frnds allotted under the Smithexpenditure of public school funds for Hughes Act and Title I of the Georgevocational education in the State or com

Barden Act for certain fields of vocamunity, and

tional education may be used for part(11) The teachers are employed as

time general continuation classes as public school teachers under the condi- provided for in g 104.73(a) (3). tions generally applicable to the employ- (2) As used in this section: ment of other public school teachers em- (1) "Instruction related to the occuployed by the State board or local edu- pation for which the student is being cational agency responsible for voca- trained" means instruction which is tional education, and

designed to fit individuals for employ(iii) Oficials on the staff of the State ment in a recognized occupation and board or a local educational agency re

which is especially and particularly sponsible for vocational education have

suited to the needs of those engaged in full charge of

or preparing to engage in such occupa(a) Employing teachers

tion. Such instruction shall include (6) Determining whether pupils qual

classroom instruction and field, shop, ify for admission to classes

laboratory, cooperative work, or other (c) Determining content and orga

occupational experience. nization of courses and curricula.

(11) "Instruction which is necessary (3) If the instruction is provided

for a student to benefit from vocational under contract with the State board or

Instruction" means Instruction which is local educational agency, such arrange

designed to enable individuals to profit ments will comply with the provisions

from instruction related to an occupain $ 104.14.

tion for which he is being trained by (b) Objective of instruction. (1)

correcting whatever educational deficienVocational instruction will be designed

cies or handicaps prevent him from to fit individuals for employment in a

benefiting from such instruction. Such

instruction must be provided in courses recognized occupation. Such instruction will include vocational or technical train

which are an integral part of the vocaing or retraining for (1) those pre

tional education program in which the

student is enrolled. paring to enter a recognized occupation

(d) Non-reimbursable instruction upon the completion of instruction and

(1) General. Funds under the Acts will (11) those who have already entered an be available for instruction in general occupation, but desire to upgrade or education subjects only if such subjects update their occupational skills and fit in one of the two categories specified knowledge in order to achieve stability in paragraph (c) (1) of this section. A or advancement in employment. When program of vocational Instruction under supported by funds allotted under section the State plan may be supplemented with 3 of the 1963 Act, vocational instruction such other general education subjects as shall be designed only to fit individuals may be necessary to develop a wellfor gainful employment.

rounded individual.

1

(2) Professional. Funds under the 1963 Act will not be available for instruction which is designed to fit individuals for employment in recognized occupations which are generally considered to be professional or as requiring a baccalaureate or higher degree. The Commissioner has determined and specified the following as examples of occupations which are generally considered professional or as requiring a baccalaureate or higher degree, and are therefore excluded from those occupations for which instruction may be provided: Accountants and auditors. Actors and actresses. Architects, artists and sculptors. Athletes, professional. Authors, editors, and reporters. Clergymen. Engineers, professional. Lawyers. Librarians, archivists and curators. Life scientists, including agronomists, biolo

gists and psychologists. Mathematicians. Medical and health professions, including

physicians, surgeons, dentists, osteopaths, veterinarians, pharmacists and professional

nurses. Musicians. Physical scientists, including chemists, phys

icists and astronomers. Social and welfare workers. Social scientists, including economists, his

torians, political scientists, and sociologists. Teachers and other educators. The above is not intended to exclude from vocational instruction those semiprofessional, technical, or other occupations which are related to those listed, but which do not themselves require a baccalaureate degree.

(3) Funds under the Smith-Hughes and George-Barden Acts will not be available for instruction offered or designated by the institution offering it as providing credit leading to a baccalaureate or higher degree; or, if offered by an institution which does not grant a baccalaureate degree, is applied for credit toward such a degree as indicated by transfer policies of baccalaureate degree granting institutions to which students of the offering institution generally transfer.

(e) Offerings of vocational instruction. In establishing, continuing, or terminating a program of vocational instruction, consideration will be given to the following:

(1) The interest, needs, and abilities of all persons in the community or area who have need for, desire, and can benefit from the instruction;

(2) The need and opportunity in the employment market for the occupational skills and knowledge for which instruction is being provided.

(f) Access to vocational instruction offered. (1) In determining which individuals should have access to programs of vocational instruction offered within the State, consideration will be given to all individuals residing in the State who are available and qualified to receive such instruction in accordance with the standards and requirements in the State plan. If it is not economically or administratively feasible to provide each type of program in all areas and communities of the State served by a local educational agency, individuals residing in an area or community served by one local educational agency will be permitted to enroll, in accordance with policies and procedures established by the State board or the local educational agencies involved, in a program of instruction offered by another local educational agency, so long as

(i) The local educational agency serving the area or community in which the individual resides does not offer a reasonably comparable type of program.

(ii) The student is otherwise available and qualified to receive such instruction.

(iii) Facilities are reasonably available for additional enrollees in the program offered by the receiving local educational agency.

(2) To the extent that facilities are available, each type of program of vocational instruction offered by the State board will be made available to all individuals residing in the State, and each program of instruction offered by a local educational agency will be made available to all individuals residing in the district or community served by the local educational agency offering such instruction, if such individual is otherwise available and qualified to receive such instruction in accordance with the standards and requirements in the State plan. The fact that an individual resides in a certain attendance area within such district or community shall not preclude his access to a program of instruction available to other individuals residing in other attendance areas within the district or community, if ac

1 Tentative list of professional occupations.

cess to a reasonably comparable program experience which (i) is appropriate to is not otherwise available to him.

the vocational objective of the students, (g) Admission of students. (1) In and (ii) is of sufficient duration to dedividuals will be admitted for enroll velop competencies necessary to fit him ment in classes and provided instruction for employment in the occupation or for each type of occupation or occupa occupational field for which he is being tional field on the basis of their potential trained, and (iii) is supervised, directed, for achieving competence in the occupa or coordinated by a person qualified tion or occupational field through such under the State plan. See special reinstruction, except as provided in sub quirements for classes providing coparagraph (2) of this paragraph.

operative work experience in § 104.16. (2) Individuals will be admitted to (1) Adequate facilities and materials and provided instruction in special for instruction. Classrooms, libraries, classes for persons with special needs shops, laboratories, and other facilities if such individuals have academic, socio (including instructional equipment, supeconomic, and other handicaps that plies, teaching aids, and other materials) have prevented or would prevent them will be adequate in supply and quality to from succeeding in the other vocational meet the standards approved by the education programs and therefore re State board so that such facilities enable quire instruction which is especially de those who are to be trained to meet the signed to enable such individuals to occupational objective for which the edudevelop competencies adequate for em cation is intended. If the State board ployment in a recognized occupation. or local educational agency cannot pro

(h) Soundness and quality of instruc vide such facilities and materials, but tion. The following standards will be they are available in a business or indusfollowed to assure soundness and quality trial or other establishment, the State of instruction designed to fit individuals plan may provide for vocational instrucfor an occupational objective:

tion in such establishments provided that (1) The program of instruction will such instruction meets all the standards be based on a consideration of the skills and requirements of the State plan. See and knowledge required in the occupa § 104.48 for provisions governing use of tion for which the instruction is being funds for instructional equipment, supprovided, and includes a planned logical plies, and teaching aids, and $$ 104.22, sequence of those essentials of education 104.23, and 104.44 for provisions governor experience (or both) deemed neces ing use of funds for construction of area sary for the individual to meet his oc vocational education school facilities. cupational objective.

(j) Qualified teachers and supervisors. (2) The program of instruction will The instruction will be conducted and be developed and conducted in consul supervised by qualified teachers and tation with potential employers and supervisors as provided for in $ 104.11. other individuals or groups of individ To the extent necessary to provide for a uals having skills in and substantive sufficient supply of qualified teachers and knowledge of the occupation or occupa supervisors in the State, the program of tional field representing the occupational instruction shall be accompanied by a objective.

teacher training program as provided in (3) The program of instruction will $ 104.19. include the most up-to-date knowledge (k) Vocational guidance and counseland skills necessary for competencies re ing. The program of instruction will quired in the occupation or occupational provide for vocational guidance and field in which the individual is being counseling personnel and services suffiprepared, or upgraded, or updated.

cient to enable such a program to meet (4) The program of instruction will and continue to meet the standards and be sufficiently extensive in duration and requirements of this section. See $ 104.18 intensive within a scheduled unit of time for provisions governing the use of funds to enable the student to develop com for vocational guidance programs. petencies necessary to fit him for em (1) Youth organizations. When the ployment in the occupation or occupa activities of vocational education youth tional field for which he is being trained. organizations complement the vocational

(5) The program of instruction will instruction offered, such activities will be combine and coordinate related instruc supervised by persons who are qualified tion with field, shop, laboratory, co as vocational education teachers or operative work, or other occupational supervisors within the State.

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