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Federal funds is to be made; as compared with
(ii) The amount of State or local funds expended by such board or agency for vocational education in the preceding fiscal year or years, with allowances made for unusually large amounts of funds expended for such long-term purposes as the acquisition of equipment and the construction of area vocational school facilities.
(b) Reports. (1) In the State's annual estimate for the current fiscal year submitted pursuant to $ 104.55(a), the State board shall indicate (i) which amounts of Federal funds to be allotted will be allocated to each of the uses referred to in paragraph (a) of this section, and (ii) how such allocations of Federal funds are designed to insure that the State is meeting the requirements set forth in paragraph (a) of this section. The State board shall also indicate how its allocation of Federal funds among the local educational agencies within the State is designed to insure that the State is meeting such requirements.
(2) In the State's annual report for the previous fiscal year submitted pursuant to $ 104.55 (b), the State board shall also provide the same type of information relating to allocations of Federal funds as that provided in the annual estimate pursuant to subparagraph (1) of this paragraph, and to what degree expenditures from such allocations enabled the State to meet the requirements set forth in paragraph (a) of this section.
(c) Responsibility of Commissioner. To aid in disclosing situations where Federal funds may be or might have been allocated or used in a manner contrary to the State's policies and procedures set forth in its State plan pursuant to paragraph (a) of this section, the Commissioner shall initially consider the information submitted by the States pursuant to paragraph (b) of this section, including data indicating whether the total amount of State and local funds estimated for expenditure or expended for vocational education in the fiscal year under question appears to be less than that expended for the previous fiscal year, or that such amount was not increased to a degree commensurate with the current needs for vocational education in the State. In the event of such a disclosure the Commissioner or his designated representatives shall ob
tain such further information as he may require to determine whether a State has in fact complied with such policies and procedures. 8 104.7 Cooperative arrangements with
State employment service. The State plan shall provide for cooperative arrangements with the public employment service system in the State. Such arrangements shall be approved by the State board and by the State head of such system. Under such cooperative arrangements:
(a) The employment offices will make available to the State board and local educational agencies occupational information regarding reasonable present and future prospects of employment in the community and elsewhere. The State plan shall provide how such information, along with all other pertinent information available, will be considered by the State board or local educational agencies in providing vocational guidance and counseling to students and prospective students and in determining the occupations for which persons are to be trained, and in providing such training.
(b) Guidance and counseling personnel of the State board and local educational agencies working through the cooperative arrangement will make available to the local public employment offices information regarding the occupa. tional qualifications of persons having completed or completing vocational education courses in schools. The State plan shall provide how such information will be considered in the occupational guidance and placement of such persons. $ 104.8 Cooperative arrangements with
other agencies. 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 for cooperative arrangements between the State board or local educational agency, or both, and other public or non-public agencies, institutions and organizations concerned with vocational education programs under the State plan, or having knowledge of or information concerning individuals who have received, are receiving, or are in need of receiving vocational education.
$ 104.9 Metropolitan and other special States for the conduct and administra. areas.
tion of vocational education programs,
services, and activities described in (a) The State plan may provide for
$ 104.13 to 8 104.26. The State plan shall special arrangements for metropolitan
describe the policies and procedures of and other areas having special voca
the State for approval of and participational education needs which are not
tion in such arrangements. Copies of otherwise being sufficiently satisfied.
such cooperative agreements (including Such arrangements may contain (1)
joint fiscal arrangements, if any) shall special administrative arrangements and
be forwarded by each participating State communications channels between the
to the U.S. Office of Education for fillng State board and local educational
with the State plan. agency or group of agencies in such areas as may be required for the effec- $ 104.11 Minimum qualifications of per. tive development and administration of
sonnel. vocational education programs in such
The State plan shall describe the duareas, (2) special administrative rela
ties and contain the minimum qualificationships and communications channels
tions for all professional personnel havbetween the local education agency or
ing responsibilities in connection with group of agencies in such areas and the
vocational education programs under the U.S. Office of Education, and (3) special
State plan. Such minimum qualificaprovisions for such agency or group of
tions shall apply to all personnel engaged agencies designed to enable the voca
directly or substantially in activities for tional education needs of persons in
which funds are used under the State such areas and communities to be satis
plan regardless of whether there is to fied more adequately, without being in
be Federal financial participation in consistent with the State board's gen
their salaries. Such minimum qualiferal responsibility for the administration
cations shall contain standards of exand supervision of vocational education
perience and education, and other reprograms within the State.
quirements which are reasonable in rela(b) Upon entering into a special ar
tion to the duties to be performed. rangement between the State board and a local educational agency or group of 8 104.12 State reports. agencies pursuant to paragraph (a) of
The State plan shall provide that the this section, the State board shall sub
State board will make and submit to the mit to the Commissioner an appendix
Commissioner the reports described in to the State plan indicating.
§ 104.55, and such other reports in such (1) The location and extent of each
form and containing such information metropolitan or other area covered by
as the Commissioner may from time to such an arrangement, and
time reasonably require to carry out his (2) The provisions of such special
functions under the Act; and will keep arrangement including whatever special
such records, afford such access thereto administrative relationships and com
and comply with such other provisions munications channels between such
as the Commissioner may find necessary agency or group of agencies and the U.S.
to assure the correctness and verificaOffice of Education have been organized.
tion of such reports. (c) Provisions in the State plan or its appendix pursuant to paragraphs (a) VOCATIONAL EDUCATION PROGRAMS AND and (b) of this section shall be kept cur
SERVICES rent in accordance with the procedure outlined in § 104.2(b).
$ 104.13 Programs for vocational in.
struction. $ 104.10 Cooperative agreements with other States.
The State plan shall outline and de
scribe the State board's programs for In order to provide all individuals with vocational instruction with information ready access to suitable vocational edu on the types of schools, classes, and procation of high quality with offerings grams in which instruction is provided, which have been developed in light of and the standards and requirements of actual or anticipated opportunities for schools or classes providing such instrucemployment, the State plan may pro tion which is of high quality and suited vide that the State enter into a coopera- to the needs, abilities, and interests of tive arrangement with one or more other the students. Among such standards
and requirements, the State plan shall provide for the following:
(a) Arrangements for instruction.
(1) Such instruction will be provided either (1) with respect to funds provided under all the acts, by the State board or local educational agency in schools and classes conducted under public superviston and control meeting the criteria of subparagraph (2) of this paragraph, or (it) with respect to funds provided under the 1963 Act, under contract with the State board or a local educational agency.
(2) To be under "public supervision and control," a school or class must meet the following criteria:
(1) It is organized and operated under the direction of the State board or a local educational agency responsible for expenditure of public school funds for vocational education in the State or community, and
(11) 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 board or local educational agency responsible for vocational education, and
(iii) Officials on the staff of the State board or a local educational agency responsible for vocational education have full charge of
(a) Employing teachers
(b) Determining whether pupils qualify for admission to classes
(c) Determining content and organization of courses and curricula.
(3) If the instruction is provided under contract with the State board or local educational agency, such arrangements will comply with the provisions in $ 104.14.
(b) Objective of instruction. (1) Vocational instruction will be designed to fit individuals for employment in a recognized occupation. Such instruction will include vocational or technical training or retraining for (1) those preparing to enter a recognized occupation upon the completion of instruction and (11) those who have already entered an occupation, but desire to upgrade or update their occupational skills and knowledge in order to achieve stability or advancement in employment. When supported by funds allotted under section 3 of the 1963 Act, vocational Instruction shall be designed only to fit individuals for gainful employment.
(2) All students receiving vocational instruction in preparatory classes under the State plan will have an occupational objective which is a matter of record. This objective may either be a specific recognized occupation or a cluster of closely related occupations in an occupational field.
(c) Occupational orientation of instruction. (1) The instruction will be related to the occupation for which the student is being trained, except that:
(1) Funds allocated under section 3 of the 1963 Act may be used to provide instruction necessary for a bona fide vocational student to benefit from instruction related to the occupation for which he is being trained, and
(11) Funds allotted under the SmithHughes Act and Title I of the GeorgeBarden Act for certain fields of Vocational education may be used for parttime general continuation classes as provided for in § 104.73(a) (3).
(2) As used in this section:
(1) "Instruction related to the occupation for which the student is being trained" means instruction which is designed to fit individuals for employment in a recognized occupation and which is especially and particularly suited to the needs of those engaged in or preparing to engage in such occupation. Such instruction shall include classroom instruction and field, shop, laboratory, cooperative work, or other occupational experience.
(11) "Instruction which is necessary for a student to benefit from vocational Instruction" means instruction which is designed to enable individuals to profit from instruction related to an occup&tion for which he is being trained by correcting whatever educational deficiencies or handicaps prevent him from benefiting from such instruction. Such instruction must be provided in courses which are an integral part of the vocational education program in which the student is enrolled.
(d) Non-reimbursable instruction (1) General. Funds under the Acts will be available for instruction in general education subjects only if such subjects fit in one of the two categories specified in paragraph (c) (1) of this section. A program of vocational instruction under the State plan may be supplemented with such other general education subjects as may be necessary to develop a wellrounded individual.
(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 serv. ing 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
(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: 1 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 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.