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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 the regulations and (ii) the State board approves each program and promptly furnishes the Commissioner information regarding the purpose and duration of the program and the standards or requirements to be waived.
(2) Depart from the standards and requirements in the regulations of this part, if, in addition to the two conditions set forth in subparagraph (1) of this paragraph, the Commissioner approves each such program and notifies the State boards of all States. § 104.21 Administration, supervision,
and other ancillary services. The State plan shall provide for and describe such other ancillary services and activities as are required 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. Such other ancillary services and activities may include State and local administration, supervision, and evaluation of vocational education programs and services, and development, dissemination, and evaluation of curricula and instructional materials. (See § 104.4 regarding State board staff.)
CONSTRUCTION § 104.22 Policies and procedures for
approval of area vocational educa.
tion school facility projects. The State plan shall set forth the following policies and procedures to be followed by the State board and local educational agencies in approving and undertaking area vocational education school facility projects:
(a) The procedure to be followed in the application process and State level actions on them.
(b) The criteria to be followed by the State board in determining relative priorities of projects, and the procedures to be followed in applyling those criteria in determining which project will be approved by the State board.
(c) The terms and conditions required by the State board for approval of projects and the procedures to be followed by the State board in assuring compliance with such terms and conditions by the State board or local educational agency administering the facility and the contractor or subcontractor hired to construct the facility (see $ 104.23).
S 104.23 Terms and conditions for ap
proval of projects. In prescribing terms and conditions for the approval of projects for Federal financial participation pursuant to $ 104.22(c), the State board shall require the following assurances:
(a) That the facility will be functional and will meet the needs of those persons and communities to be served.
(b) That the projects will be undertaken in an economic manner and will not be elaborate or extravagant in design or materials.
(c) That sufficient funds will be available to meet the State and local share of the cost of constructing the facility.
(d) That, when construction is completed, sufficient State and local funds will be available for effective use of the facility for the purposes for which it is being constructed.
(e) That the interest of the State board or the local educational agency in the facility and in the land on which the facility is located will be sufficient to assure undisturbed use and possession for the purpose of construction and operation of the school facility covered in the project during the expected usable life of such facility.
(f) That representatives of the U.S. Office of Education and such other persons as the Commissioner may designate will have access at all reasonable times to the project wherever it is in preparation or progress, and the contractor will provide proper facilities for such access and inspection.
(g) That all laborers and mechanics employed by contractors and subcontractors on all construction projects assisted under the 1963 Act will be paid wages at rates not less than those prevailing as determined by the Secretary of Labor is accordance with the DavisBacon Act (Act of March 3, 1931, P.L. 798, 71st Congress, 46 Stat. 1494 as amended, 40 U.S.C. 276a-276a-5, and 29 CFR Part 1 (See 29 F.R. 95); and shall receive overtime compensation in accordance with and subject to the provisions of the Contract Work Hours Standards Act (P.L. 87-581, 76 Stat, 357, 40 U.S.C. 327–332), that such contractors and subcontractors shall comply with the provisions of 29 CFR Part 3 (see 29 F.R. 97), and that all construction contracts and subcontracts shall incorporate 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
the student is attending a school which All work-study programs for voca
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 8 104.25 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 $ 104.45 for allowable expenditures of
tion who ordinarily perform such work.
In those instances where employment work-study programs.)
under work-study programs is for & $ 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 FR. 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 pro and 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
policies and procedures to be followed from such employment to commence or 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 re
quirements of $ 104.25; (b) set forth age at the date of the commencement of
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;
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