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(m) Evaluation. Evaluation of the and an individual employer or group of program of instruction will be made employers which either provides for or periodically on the State level and con makes reference to a document which tinuously on the local level with the provides for (a) a given length of results being used for necessary change planned work experience through emor improvement in the program through ployment on the job, supplemented by experimentation, curriculum improve appropriate related instruction, and (b) ment, teacher training and other means. other recognized standards and requireThe results of such evaluation, including ments of apprenticeship. changes and improvements, shall be de

8 104.16 Cooperative programs. scribed in the State's annual descriptive report submitted pursuant to g 104.55(b) In providing cooperative work experiand such other reports which the Com ence pursuant to $ 104.13(h) (5), the missioner may require.

State plan shall provide for cooperative [29 F.R. 12339, Aug. 28, 1964, as amended at programs for persons enrolled in a school 30 F.R. 8268, June 29, 1965)

who, through a cooperative arrange

ment between the school and employers, 8 104.14 Vocational instruction under

receive part-time vocational instruction contract.

in the school and on-the-job training (a) If any portion of the program of through part-time employment. When instruction is provided by public or non vocational Instruction is provided in such public agencies or institutions under con programs meeting the standards and tract with a State board or local edu requirements in g 104.13, the State plan cational agency pursuant to $ 104.13(a) shall provide that such classes be orga(1) (11), the State plan shall include a nized through cooperative arrangements provision for a written contract describ (preferably in writing) between the ing the portion of Instruction to be pro schools providing vocational instruction vided by such agency or institution and to student-learners in the class and the incorporating the standards and require employers providing on-the-job train. ments of vocational instruction set forth ing through part-time employment of in the State plan and prescribed by the such student-learners. Such arrangeState board. The State board shall ments shall provide for (a) the employdetermine in advance of such contract ment of student-learners in conformity that (1) the contract is in accordance with Federal, State, and local laws and with State and local law, and (2) the regulations and in a manner not resultinstruction to be provided under contract ing in exploitation of such studentwill be conducted as a part of the voca learner for private gain, (b) an organized tional education program of the State program of training on the job, and (c) and will constitute a reasonable and supplemental vocational instruction in prudent use of funds available under the school. State plan. Such contracts shall be reviewed at least annually by the parties

§ 104.17 Business and office education. concerned.

Pursuant to the general State plan (b) All contracts described under par requirements of vocational instruction agraph (a) of this section shall include in g 104.13, the State plan shall require an assurance that Federal, State, and that instruction in business and office local funds paid over to a contracting occupations be provided through courses agency or institution will be used only to and curricula which include both the lower the rate of or eliminate tuition,

subject matter and practical experience fees and other charges which otherwise needed in the occupations for which would be collected from persons bene

instruction is provided. fiting from such portion of the program. § 104.18 Vocational guidance and coun8 104.15 Apprenticeship program.

seling services. The State plan may provide related

(a) The State plan shall provide for vocational instruction to apprentices

such vocational guidance and counseling which is supplemental to their on-the

personnel and services as are required job training. The term "apprentice”

by the program of instruction pursuant means a worker who is learning a recog

to $ 104.13(k) and describe such provinized apprenticeable occupation in ac

sions on both the State and local levels cordance with a written apprentice train

with information on the types of exing agreement between the apprentice penditures to be included and the stand


ards and requirements of vocational training included in the State plan deguidance and counseling services which veloped by the State board in cooperaare designed to (1) identify and encour tion with such agency or institution, and age the enrollment of individuals need the policies and procedures which the ing vocational education, (2) provide the State board and the agency or instituindividuals with information necessary tion agree to utilize in evaluating the for realistic vocational planning, (3) 'effectiveness of the programs assist them while pursuing the plan, (4) described. aid them in vocational placement, and (c) Eligibility of enrollees. (1) The (5) conduct follow-up procedures to State plan shall provide that vocational determine the effectiveness of the voca teacher training will be offered only to tional instruction and guidance and persons who are teaching or are preparcounseling program.

ing to teach vocational education stu(b) The State plan shall provide that dents or who are undertaking or are the State board maintain an adequate preparing to undertake other professtaff to (1) develop, secure, and distrib sional duties and responsibilities in conute occupational information; (2) pro nection with vocational education provide consultative services concerning the grams under the State plan to whom vocational aspect of guidance; and (3) such education would be useful profesgive leadership to the promotion and sionally. supervision of better vocational guidance (2) Vocational teacher training supand counseling services at the local level. ported with funds under Smith-Hughes, In carrying out these responsibilities, the George-Barden and supplementary Acts, State board shall utilize the resources of will be given only to persons who have the State employment service pursuant had adequate vocational experience or to the cooperative arrangements pro contact in the line of work for which vided for in § 104.7.

they are preparing themselves

as 104.19 Program of teacher training.

teachers and other vocational education

personnel, or who are acquiring such (a) The State plan shall provide for experience or contact as a part of their teacher training programs (both pre training. employment and in-service) to the extent necessary to provide qualified voca

$ 104.20 Research, demonstration and tional education personnel. The State

experimental programs. plan shall describe the State board's (a) The State plan shall describe the plans for the development of teacher provisions for research, demonstration training programs with information on and experimental programs designed to the types of expenditures and the types improve the quality of vocational educaof teacher training programs to be in tion programs authorized under the acts cluded, and the standards and require and provided for in the State plan. (For ments designed to develop and maintain provisions governing special grants by programs of such character and effi the Commissioner for research and trainciency as are needed to provide an ing programs and experimental, develadequate supply of qualified teachers opmental, or pilot programs under secand other vocational education per

tion 4(c) of the 1963 Act, see provisions sonnel

in 45 CFR Part 105A.) The State plan (b) Arrangements for teacher train shall describe the policies and procedures ing. The State plan shall provide that to be followed by the State board in ap(1) teacher training will be provided proving such programs and the methods either by (1) the State board or (ii) to be used in evaluating their results. public or, in the case of teacher training Such programs shall meet the standards. supported under the George-Barden and and requirements set forth in the acts, the 1963 Acts, nonpublic agencies or regulations, and State plan, which are Institutions.

applicable to the activities affected by (2) When teacher training is pro

such programs, except to the extent provided by an agency or institution other

vided in paragraph (b) of this section. than the State board, the State plan (b) A State may, in special cases as shall provide for cooperatively developed a part of program development: written agreements between the State (1) Depart from the standards and board and the agency or Institution pro requirements in Its State plan referred viding such training. Such agreements to in paragraph (a) of this section, 1 (1) shall describe the program for teacher the expenditures are directed toward

carrying out the purposes of the acts and § 104.23 Terms and conditions for apthe regulations and (ii) the State board proval of projects. approves each program and promptly

In prescribing terms and conditions furnishes the Commissioner information

for the approval of projects for Federal regarding the purpose and duration of

financial participation pursuant to the program and the standards or re

§ 104.22(c), the State board shall require quirements to be waived.

the following assurances: (2) Depart from the standards and

(a) That the facility will be functional requirements in the regulations of this

and will meet the needs of those persons part, if, in addition to the two condi

and communities to be served. tions set forth in subparagraph (1) of (b) That the projects will be underthis paragraph, the Commissioner ap

taken in an economic manner and will proves each such program and notifies

not be elaborate or extravagant in design the State boards of all States.

or materials. $ 104.21 Administration, supervision, (c) That sufficient funds will be availand other ancillary services.

able to meet the State and local share

of the cost of constructing the facility. The State plan shall provide for and

(d) That, when construction is comdescribe such other ancillary services

pleted, sufficient State and local funds and activities as are required to assure

will be available for effective use of the quality in all vocational education pro

facility for the purposes for which it is grams which are realistic in terms of

being constructed. actual or anticipated employment op

(e) That the interest of the State portunities and suited to the needs, in

board or the local educational agency in terests, and abilities of those being

the facility and in the land on which the trained. Such other ancillary services

facility is located will be sufficient to asand activities may include State and local administration, supervision, and

sure undisturbed use and possession for evaluation of vocational education pro

the purpose of construction and opera

tion of the school facility covered in the grams and services, and development, dissemination, and evaluation of curric

project during the expected usable life

of such facility. ula and instructional materials. (See § 104.4 regarding State board staff.)

(f) That representatives of the U.S.

Office of Education and such other perCONSTRUCTION

sons as the Commissioner may designate

will have access at all reasonable times $ 104.22 Policies and procedures for

to the project wherever it is in preparaapproval of area vocational educa. tion school facility projects.

tion or progress, and the contractor will

provide proper facilities for such access The State plan shall set forth the

and inspection. following policies and procedures to be (g) That all laborers and mechanics followed by the State board and local

employed by contractors and subconeducational agencies in approving and

tractors on all construction projects asundertaking area vocational education

sisted under the 1963 Act will be paid school facility projects:

wages at rates not less than those pre(a) The procedure to be followed in

vailing as determined by the Secretary the application process and State level

of Labor is accordance with the Davisactions on them. (b) The criteria to be followed by the

Bacon Act (Act of March 3, 1931, P.L. State board in determining relative 798, 71st Congress, 46 Stat. 1494 as priorities of projects, and the procedures amended, 40 U.S.C. 2762-276a-5, and 29 to be followed in applyling those criteria CFR Part 1 (See 29 F.R. 95); and shall in determining which project will be ap- receive overtime compensation in acproved by the State board.

cordance with and subject to the provi(c) The terms and conditions required

sions of the Contract Work Hours Standby the State board for approval of proj

ards Act (P.L. 87-581, 76 Stat. 357, 40 ects and the procedures to be followed

U.S.C. 327-332), that such contractors by the State board in assuring compli

and subcontractors shall comply with ance with such terms and conditions by the State board or local educational

the provisions of 29 CFR Part 3 (see agency administering the facility and

29 F.R. 97), and that all construction the contractor or subcontractor hired to contracts and subcontracts shall incorconstruct the facility (see $ 104.23).

porate the contract clauses required by 29 CFR 5.5 (a) and (c) (see 29 F.R. more than fifteen hours in any week dur100, 101).

Ing which classes in which he is enrolled

are in session, or for compensation WORK-STUDY PROGRAMS

which exceeds $45 per month or $350 per $ 104.24 Supplement to State plan. academic year or its equivalent, unless All work-study programs for voca

the student is attending a school which

is not within reasonable commuting tional education students supported by a

distance from his house, in which case State's allotment of Federal funds under

his compensation may not exceed $60 section 13(a) of the 1963 Act shall be

per month or $500 per academic year or included in the State plan pursuant to

Its equivalent. $ 104.2 of these regulations and shall be

(d) Place of employment. Employgoverned by all provisions contained in

ment under work-study programs will such plan applicable to work-study pro

be for the local educational agency or for grams. As a condition for the allotment

some other public agency or Institution of Federal funds under section 13(a) of

(Federal, State, or local) pursuant to & the 1963 Act, the State board is required

written arrangement between the local to include in its plant or submit to the

educational agency and such other Commissioner an amendment to the

agency or institution, and work so perState plan containing the provisions re

formed will be adequately supervised and quired in $ 104.25 and $ 104.26. Such

coordinated and will not supplant presamendment shall be submitted and ap

ent employees of such agency or instituproved pursuant to $ 104.2(b). (See

tion who ordinarily perform such work. $ 104.45 for allowable expenditures of

In those instances where employment work-study programs.)

under work-study programs is for a 8 104.25 Requirements of work-study Federal agency or Institution, the writprogram.

ten arrangement between the local The State plan shall provide that a

educational agency and the Federal work-study program meet the following agency or institution will state that requirements:

students SO employed are not Fed(a) Administration. The work-study

eral employees for any purpose. program will be administered by the lo

(e) Maintenance of effort. In each cal educational agency and made rea

fiscal year during which a work-study sonably available (to the extent of program remains in effect, the local eduavailable funds) to all qualified youths,

cational agency will expend for employin the area served by such agency, who

ment of its students an amount in State are able to meet the requirements in

or local funds that is at least equal to the paragraph (b) of this section.

average annual expenditure for work(b) Eligible students. Employment

study programs of a similar nature durunder the work-study program will be

ing the 3 fiscal years preceding the fiscal furnished only to a student who (1) has

year in which the work-study program been accepted for enrollment or, if he is

of such local educational agency was already enrolled, is in good standing and approved. in full-time attendance as a full-time (29 F.R. 12339, Aug. 28, 1964, as amended at student in a program which meets the

30 F.R. 8268, June 29, 1965) standards prescribed by the State board § 104.26 Approval of work-study proand the local educational agency for

grams. vocational education programs under the 1963 Act; (2) is in need of the earnings

The State plan shall: (a) Set forth the from such employment to commence or

policies and procedures to be followed continue his vocational education pro

by the State board in approving workgram; and (3) is at least fifteen years of

study programs submitted by local eduage and less than twenty-one years of

cational agencies and meeting the reage at the date of the commencement of

quirements of $ 104.25; (b) set forth

principles for determining the priority to employment and is capable in the opinion

be accorded applications from local eduof the appropriate school authorities of

cational agencies for work-study promaintaining good standing in his school

grams, giving preference to applications program while employed under the submitted by local educational agencies work-study program.

serving communities having substantial (c) Limitation on hours and compen- numbers of youths who have dropped station. No student will be employed out of school or who are unemployed;

187 86-096—68-13

and (c) provide, insofar as financial re requests for that purpose may be made sources are available, for the undertak to the U.S. Office of Education subseing of such programs in the order deter quent to the submission of the annual mined by the application of such estimate. Such requests shall indicate principles.

how the current annual estimate will be

affected by the transfer and will provide Subpart C-Federal Financial

information to permit application of the Participation

following criteria: GENERAL

(1) The transfer will provide voca

tional training which is more realistic § 104.27 Application of Federal require in the light of actual or anticipated ments.

manpower needs and employment Federal funds may be used to share opportunities. only in expenditures which are made in (2) The transfer will more nearly accordance with the State plan and

achieve the objective that all persons in which meet the requirements of the acts all groups and in all communities of and the regulations in this part. State the State will have access to vocational and local funds used to match these Fed training. eral funds must also meet such require (3) The transfer will assure vocational ments. As used in these regulations, training of high quality. phrases such as "expenditures may be (4) The transfer will provide vocamade under the plan ..." or "funds tional training which is suited to the may be expended ..." mean that the needs, abilities, and interests of the stuFederal allotments are available for pay dents who would benefit from such ment of the Federal share thereof.

training. § 104.28 Transfer of allotments.

If the State board requests transfer ol

funds to allotments under section 3 of (a) Any portion of any amount al

the 1963 Act, the request shall indicate lotted to a State in the current fiscal year

how the funds will be allocated to the for use in a particular field of voca

various uses set forth in $ 104.41 (b) or tional education under the Smith

in section 4(a) of the 1963 Act. Hughes, George-Barden, and supple

(c) The Commissioner shall approve mentary vocational education acts may,

the State board's request for transfer of upon the Commissioner's approval as

funds if he is satisfied that the transfer described in paragraph (c) of this sec

will promote the objectives set forth in tion, be transferred to or combined with

paragraph (b) of this section. Such ap(1) one or more of the other allotments

proval or dissapproval shall be based to such State for the same fiscal year for

upon the information submitted by the use in a particular field of vocational

State board with its request pursuant to education under the Smith-Hughes,

paragraph (b) of this section, or any George-Barden, or supplementary acts,

other estimates, reports, and information or (2) the allotment to such State in the

available to the Commissioner which same fiscal year under section 3 of the

have been submitted by the State board 1963 Act. The amount so transferred

or obtained by the Commissioner is then subject to the same conditions

through independent investigation. and requirements as the allotment to

(d) For the purposes of this section, which it is transferred, and is no longer

an allotment under the Smith-Hughes, subject to the conditions and require

George-Barden, or supplementary acts ments as the allotment from which it was

from which funds may be transferred transferred. Thus, any reference in refers to the State's share of each apthese regulations to “funds allotted un

propriation of Federal funds under these der the Act or Acts” refers also to funds

Acts. transferred to the same allotment under such Act or Acts.

$ 104.29 Date of allowable expendi(b) A State board desiring to transfer

tures. funds from one allotment to another Since the Federal Government parshall submit to the Commissioner a re ticipates only in amounts expended unquest for such a transfer. The annual der the State plan, Federal financial parestimate of the State board submitted ticipation shall be available only for pursuant to $ 104.55 (a) may include a expenditures which are made after the request for any desired transfer of funds effective date of the State plan (as defrom one allotment to another, or special fined in $ 104.2(a)), except as provided

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