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(e) (1) to (4), including the cost of sab (4) Site grading and improvement of batical and educational leave pursuant land on which such facilities are located. to $ 104.46 and employee benefits pur (5) Architectural, engineering, and suant to $ 104.43(a) (1).

inspection expenses incurred subsequent (2) Costs for training teachers, super

to the date of site selection. visors or directors of agricultural sub (b) If the total proposed construction jects, and teachers of trade, home eco plan includes facilities which will be nomics, and industrial subjects as speci

used for both eligible and ineligible purfied in 8 104.41(e) (5) to (7). These poses, the State board shall include In may include all expenditures specified in

its State plan the policies and proceparagraph (a) of this section which can dures to be followed by the State board be reasonably attributable to training of in determining what facilities or porteachers, to the extent provided in the

tions of facilities are assignable to pursections referred to therein.

poses eligible for funds under the 1963

Act. § 104.44 Allowable expenditures for

(c) If the total proposed construction construction of area vocational edu

plan includes facilities which are eligication school facilities under the 1963 Act.

ble for Federal financial participation

under the 1963 Act and under any other (a) Federal funds allotted to the State

Federal statute, the State board shall under section 3 of the 1963 Act may be set forth in its State plan an assurance used for the cost of area vocational edu that Federal financial participation cation school facility projects (as speci under the 1963 Act will not be made fied in $ 104.41 (b) (5)) which are under available for a facility or portion thereof taken by the State board or by local edu supported by Federal financial particicational agencies with the approval of pation under such other Federal statute. the State board. There can be no Fed

[29 F.R. 12339, Aug. 28, 1964, as amended at eral financial participation in any ex 30 F.R. 10239, Aug. 18, 1965) penditures for construction projects prior to the approval of such projects except

8 104.45 Allowable expenditures for

work-study programs. expenditures for advance planning pursuant to subparagraph (5) of this para

Federal funds allotted to the States graph, and for the acquisition of land under section 13 of the 1963 Act for pursuant to subparagraph (3) of this work-study programs may be applied to paragraph. Funds so allotted may be the following expenditures: applied to the following expenditures:

(a) Compensation of students em(1) Construction of new buildings to

ployed in work-study programs meeting the extent they contain such school fa the requirements in § 104.25. cilities and initial equipment as defined

(b) All expenditures specified in in § 104.1(n) (2) (i).

$ 104.43(a) attributable to development (2) Expansion, remodeling, and alter

of the provisions of the State plan ap(as distinguished from mainte

plicable to work-study programs, purnance and repair) of existing buildings

suant to $ 104.24 to 104.26, which are to the extent they contain such school

incurred before the effective date of such facilities and initial equipment as defined

provisions. in 8 104.1(n) (2) (ii).

(c) All expenditures specified in (3) Expenses (other than interest and

§ 104.43(a) attributable to administracarrying charges on bonds) related to

tion and supervision of the work-study the acquisition (from sources other than

program under the State plan. the State board or local educational $ 104.46 Sabbatical and educational agency) of the fee, leasehold, or other

leave. interest in land on which there is to be

(a) Funds used under the State plan construction of new buildings or expan for salaries paid to approved vocational sion of existing buildings that are in education personnel who have been encurred within one year prior to the ap gaged in activities under the State plan proval of the construction project, if may include that part of the salary paid such expenses constitute an actual cost for the time spent (1) on sabbatical or transfer of public funds in accordance leave, or (2) on educational or other with usual procedures generally appli leave needed to obtain additional educable to all State and local agencies and cation, occupational experience or traininstitutions, as provided for in § 104.31. ing of benefit to the vocational educa

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tion programs under the State plan, (b) Transportation expenses of vocaprovided in either case that such leave is tional education students (with funds in conformity with the policy of the em other than those available under the ploying board, agency, or institution Smith-Hughes Act and title I of the which applies also to the other employees George-Barden Act) which include only of similar rank or grade.

(1) Transportation for one round trip (b) The fact that funds are used for per semester or shorter period deterthe salary of an employee on such leave mined by the duration of the program does not preclude Federal financial par from the student's home to the place ticipation in the salary of the person where he will reside while enrolled in the employed to replace him, as long as the program. replacement is otherwise eligible.

(2) Transportation for one round trip (c) In the case of sabbatical leave daily between a student's place of resiearned by the employee on the basis of dence and the school. time of service, Federal financial par (3) Transportation between schools, ticipation will be based on the prorated in one of which the student is enrolled. portion of the employee's time that was (4) Transportation between a school given to various reimursable vocational and the place where work experience for education activities during the period students is being provided. in which the leave was earned.

(5) Transportation of classes for field (d) In the case of educational or work. other leave not earned on the basis of (c) Transportation expenses of protime or service, Federal financial partici spective teachers enrolled in an approved pation will be based on the relative bene teacher training program when they are fit of such leave to the various education sent to serve as student teachers in apprograms under the plan. Prorations proved vocational education schools or required under this section will be made classes in communities so located as to in accordance with the principles set out require transportation expense. Parin $ 104.35.

ticipation is not allowed for any travel $ 104.47 Travel and transportation ex

expense other than transportation.

(d) All travel and transportation inpenses.

cluded in paragraphs (a), (b), and (c) Funds may be used for necessary and of this section may be by common carrier, appropriate travel and transportation official conveyance, or private conveyexpenses attributable to vocational edu ance. Costs may not be paid in excess cation programs under the State plan of costs of transportation by common which shall set forth provisions govern carrier, or in the absence of suitable ing the specific kinds of travel and trans transportation by common carrier, in portation allowed and provide that travel excess of reasonable rates established by and transportation expenditures be in the State or such other rates approved by accordance with State laws and regula the State board. tions as required in $ 104.31. Included in allowable travel and transportation

$ 104.48 Instructional equipment, supexpenses are the following:

plies, and teaching aids. (a) Travel expenses of vocational edu (a) Under the George-Barden and cation personnel when performing official 1963 Acts, funds may be used for the duties recognized by the State board and acquisition, maintenance and repair of related to vocational education programs

instructional equipment, supplies, and under the State plan:

teaching aids for vocational education (1) Travel expenses of State and local programs provided that: vocational education personnel whose (1) No more than 10 percent of the salaries are supported by funds under funds appropriated in each allotment to the State plan.

each State under title I of the George(2) Travel expenses of members of the

Barden Act may be used for the acquisiState board.

tion of equipment, and (3) Travel expenses of consultants,

(2) No funds allotted under title I of members of State advisory committees,

the George-Barden Act may be used for and other persons or groups acting in an the maintenance and repair of equipadvisory capacity, whose fees and ap ment. proved expenses are supported by Fed (b) “Instructional equipment, supplies eral funds under the State plan when and teaching aids” means equipment, annually approved by the State board. supplies and teaching aids (including

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reference materials and textbooks to be retained by the local educational agency) used by authorized vocational education personnel in instructing, or by their students in learning, in an instructional situation in the classroom, library, laboratory, shop, or field. It may not include supplies to be made into equipment or products to be sold, or to be used by pupils, teachers, or other persons; except that supplies made into equipment for vocational instruction may be considered as equipment for instruction under the same conditions as apply to purchased equipment.

(c) Annual appropriation acts for the Department of Health, Education, and Welfare such as the Department of Health, Education, and Welfare Appropriation Act, 1964 (P.L. 88–136, title II, 77 Stat. 231), have provided that no part of the funds appropriated for “Defense Education Activities” shall be available for the purchase of science, mathematics, and modern language teaching equipment, or equipment suitable for use for teaching in such fields of education, which can be identified as originating in or having been exported from a Communist country, unless such equipment is unavailable from any other source. Such a prohibition applies to expenditures for the purpose of instructional equipment with funds allotted under title III of the George-Barden Act (including such funds transferred to another allotment pursuant to $ 104.28). § 104.49 Other related expenditures.

(a) Funds may be used for the expenditures described in paragraph (b) of this section which are related to the vocational education programs, services, and activities specified in § 104.43, except that:

(1) Funds allotted under the SmithHughes Act may be used only for such expenditures which related to teacher training, and

(2) Funds allotted under titles I and III of the George-Barden Act may be used only for such expenditures which are related to teacher training, research, demonstration, and experimental programs, and administration and supervision,

(b) Such expenditures shall include the following:

(1) Administrative overhead expenses such as salaries of clerical and custodial personnel, communications, utilities, office equipment, supplies, printing and

printed materials, and rental of space to the extent provided in subparagraph (2) of this paragraph.

(2) Rental of space (including the cost of utilities and janitorial services) in privately or publicly owned buildings if: (i) The expenditures for the space are necessary, reasonable, and properly related to the efficient administration of the program; (ii) the State board or local educational agency will receive the benefits of the expenditures during the period of occupancy commensurate with such expenditures; (iii) the amounts paid by the State board or local educational agency are not in excess of comparable rental in a particular locality; (iv) expenditures represent a current cost to the State board or local educational agency; and (v) in publicly owned buildings like charges are made to other agencies occupying similar space for similar purposes.

(3) Employer's contributions to retirement, workmen's compensation, or other welfare funds maintained for one or more general classes of employees of a State or local educational agency, to the extent that such contributions benefit vocational education personnel whose salaries are supported with funds under the State plan.

Subpart D—Payment and Reports $ 104.50 Certification of Federal funds.

(a) Conditions for certification. Payment to the States under the acts will be made only after the Commissioner has certified that the State is entitled to such payment. Such certification shall be made only when:

(1) The Commissioner determines that the State has on file in the Office of Education a State plan (including all amendments) which was adopted by the State board and approved by the Commissioner, and which has not been so changed that it no longer complies with the acts and regulations.

(2) An examination of the latest records, estimates and reports on file in the Office of Education indicates to the Commissioner's satisfaction that (i) the program of vocational education for the preceding fiscal year was conducted substantially in accordance with the acts, regulations, and the State plan, and (1) the State will be and is able to conduct its program for vocational education during the current fiscal year substantially and in accordance with the acts, regulations, and the State plan.


(3) The estimates and reports required for submission to the Commissioner (including information supporting a request for transfer of allotments pursuant to $ 104.28) have been submitted and reviewed prior to the date of payment of funds pursuant to $ 104.55.

(4) The Commissioner has determined that the State has met and will meet the various matching requirements under the acts (see $ 104.38 to $ 104.42) and all other conditions for payment of Federal funds under the Smith-Hughes Act (see $ 104.57), and title III of the George-Barden Act (see § 104.84).

(b) Time of certification. Certifica. tion by the Commissioner shall be made on January 1 for payment of Federal funds during the succeeding fiscal year, except that certification for payment of Federal funds appropriated under titles II and III of the George-Barden Act and the 1963 Act may be made on such other dates as the Commissioner may determine.

(c) Certificate modification and withholding of funds. (1) The Commissioner may from time to time modify the amount certified to the State for the fiscal year on the basis of periodic requests for payment of Federal funds, estimates and reports, reallotments, audits, program reviews, and other information and data available to the Commissioner.

(2) Whenever the Commissioner, after reasonable notice and opportunity for hearing to the State board administering the State plan, finds that the State no longer complies with the requirements for certification set forth in paragraph (a) of this section, the Commissioner shall notify such State board that his certification for payment has been withdrawn and that payment of Federal funds will be withheld from such State until he is satisfied that the State has complied with such requirements. At his discretion, the Commissioner may notify the State board that payment of Federal funds will be limited to support of programs under or portions of the State plan not affected by the State's failure to comply with such requirements, and that certification for payment will be modified to that extent. & 104.51 Method of payment.

Payments will be made in advance to & State of the amount to which the Commissioner certifies the State is entitled for the fiscal year, taking into account

necessary adjustments for previously made overpayments and underpayments. Under the Smith-Hughes Act, payments to the State will be made quarterly; under title I of the George-Barden Act payments will be made semi-annually; and under the other acts payments will be made in such installments and at such times as the Commissioner may determine to be reasonably required for expenditures by the States of the funds so allotted. $ 104.52 Effect of Federal payments.

(a) No waiver. Neither the approval of the state plan nor any payment to the State pursuant thereto shall be deemed to waive the right or duty of the Commissioner to withhold funds by reason of the failure of the State to observe, before or after such administrative action, any Federal requirements.

(b) Settlement of accounts. The final amount to which the State is entitled for any period is determined on the basis of expenditures under the State plan with respect to which Federal financial participation is authorized. $ 104.53 Disposition of unexpended

Federal funds and reallotment. (a) Whenever any portion of any annual allotment to any State under the acts has not been expended in the State for the purpose provided for in the regulations, State plan, and acts, and has not been reallotted to other States pursuant to paragraphs (b) and (c) of this section during the fiscal year in which such allotment is made, a sum equal to such portion shall be deducted from the next following payment of funds allotted to such State for the following fiscal year.

(b) Reallotment under George-Barden Act. (1) Under titles II and III of the George-Barden Act, the amount of any allotment to a State which is certified, on or before a date fixed by the Commissioner, as not being required for carrying out the State's plan or program thereunder, shall be reallotted to other States. Such a reallotment shall be made under title II pursuant to section 202(b), and under title III pursuant to section 302(b) of the George-Barden Act.

(2) Reallotments will be made in proportion to the original allotments to the States for the same fiscal year, except that, subject to the provisions of subparagraph (3) of this paragraph, (1)

no reallotment will be made to any State and will be able to use under its plan for which has certified that it will not re such fiscal year. The total of such require the full amount of its allotment for duction shall then be allotted among such year, and (11) the total of the those States not suffering such a reducamounts and the amounts reallotted to tion in proportion to their original allota State will not exceed the amount which ment. Such estimate by the Commisit has certified will be needed for such sioner shall be made on the basis of (1) year.

the certified statement submitted by the (3) Any State which (1) has certified State pursuant to subparagraph (1) of that it will not require the full amount this paragraph affirming that the State of its allotment, or (id) has certified as does not require the full amount of its to the amount in excess of its original original allotment to carry out its plan, allotment which will be required to (il) a request for reallotment by the carry out the State plan for a fiscal year, State and its supporting certified statemay nevertheless amend such certifica ment indicating the amount of additional tion by filing the appropriate form with funds it needs and will be able to use the Commissioner on or before a date effectively to carry out its plan, (ili) fixed pursuant to subparagraph (1) of reports and information acquired by the this paragraph. The amended certifica Commissioner either from the State tion will then be used in computing all board or from independent investigation, reallotments for that fiscal year made or (lv) any two or all of the above. subsequent to such date.

Within a reasonable time before the date (c) Reallotment under the 1963 Act. fixed for reallotment, the Commissioner (1) Pursuant to sections 3(c) and 13(a) shall notify the State of the amount of (2) of the 1963 Act, any amount of any realloted funds (if any) the State shall State's allotment which the Commis receive. sioner determines is not required for (3) Any State which the Commiscarrying out the State's plan shall be sioner has determined, either on the reallotted to other States on such dates basis of certified statements from the as the Commissioner may fix. Such de State or from other reports or informatermination by the Commissioner shall tion available to him, (1) does not require be made on the basis of (1) a certified the full amount of its original allotment statement submitted by the State afirm to carry out its plan, or (11) does not ing that the State does not require the need or will not be able to use effectively full amount of its original allotment to the full amount of its proportionate share carry out its plan, (ii) reports and infor of funds to be reallotted, may, on or bemation acquired by the Commissioner for the date fixed for reallotment, reeither from the State board or from quest that the Commissioner reconsider Independent investigation Indicating that his determination affecting the original the State does not require the full amount allotment or anticipated reallotment to of its original allotment to carry out its such State, and submit with his request plan, or (ill) both. Within a reasonable additional supporting information and time prior to the date fixed for reallot data. If the Commissioner's determinament of funds, the Commissioner shall tion is based in whole or in part on certinotify the State of his determination fied statements submitted by the State affecting the State's allotment and either itself, the State may submit to the Commodify the amount certified for payment missioner an amendment to such certito the State or, if payment has already fication on or before the date fixed for been made, direct the State to return to reallotment. The Commissioner, in the United States whatever amount the making his reallotment of funds to the Commissioner determines the State does States, shall take into consideration all not need.

such amendments and additional infor(2) Reallotment shall be made to

mation furnished by the State with their other States in proportion to their orig

requests for reconsideration of the Cominal allotment for the fiscal year in

missioner's determination. All decisions which the original allotment was made;

made by the Commissioner regarding the except that, subject to the provisions in

reallotment of funds are final once

reallotment is made. subparagraph (3) of this paragraph, such reallotments to such other States $ 104.54 Interest. shall be reduced to the extent which the Interest earned on Federal funds paid Commissioner estimates such State needs to a State shall accrue to the benefit of

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