34 C.F.R. PART 403—STATE VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION PROGRAM
Title 34 - Education
Authority: 20 U.S.C. 2301 et seq., unless otherwise noted.
Source: 57 FR 36735, Aug. 14, 1992, unless otherwise noted.
(a) Under the State Vocational and Applied Technology Education Program, the Secretary makes grants to States, to assist them, local educational agencies, postsecondary educational institutions, and other agencies and institutions to administer and conduct vocational education programs that are authorized by the Act. (b) The State Vocational and Applied Technology Education Program consists of the programs under the basic programs for vocational education authorized by title II of the Act and listed in §403.60, and the special programs authorized by title III of the Act that are covered by the State plan and listed in §403.130. (Authority: 20 U.S.C. 2301 et seq.) Except as otherwise provided in §403.131, a State is eligible for an award under the State Vocational and Applied Technology Education Program. (Authority: 20 U.S.C. 2311 and 2311a) The following regulations apply to the State Vocational and Applied Technology Education Program: (a) The regulations in 34 CFR part 400. (b) The regulations in this part 403. (Authority: 20 U.S.C. 2301 et seq.) The definitions in 34 CFR 400.4 apply to the State Vocational and Applied Technology Education Program. (Authority: 20 U.S.C. 2471) A State that desires to participate in the programs authorized by the Act shall, consistent with State law, designate or establish a State board of vocational education (State board). The State board must be the sole State agency responsible for the administration or the supervision of the State's vocational and applied technology education program. (Authority: 20 U.S.C. 2321(a)) The principal responsibilities of the State board must include— (a) The coordination of the development, submission, and implementation of the State plan; (b) The evaluation of the programs, services, and activities assisted under the Act, as required by §§403.32 (a)(7) and (b)(9) and 403.201 through 403.204; (c) The development, in consultation with the State council on vocational education, of the State plan and its submission to the Secretary, as required by §§403.30 through 403.34; (d) Consultation with the State council on vocational education and other appropriate agencies, groups, and individuals, including business, industry, and labor, involved in the planning, administration, evaluation, and coordination of programs funded under the Act; (e) Convening and meeting as a State board, consistent with applicable State law and procedure, when the State board determines it is necessary to meet to carry out its functions under the Act, but not less than four times annually; and (f) The adoption of those procedures the State board considers necessary to implement State level coordination with the State job training coordinating council in order to encourage cooperation between programs under the Act and programs under the Job Training Partnership Act (JTPA) (29 U.S.C. 1501 et seq.). (Authority: 20 U.S.C. 2321(a)) (a) The State board shall make available to each private industry council established within the State under section 102 of the JTPA a current listing of all programs assisted under the Act. (b)(1) The State board, in consultation with the State council on vocational education established under §403.17, shall establish a limited number of (but at least two) technical committees to advise the State council and the State board on the development of model curricula to address State labor market needs. The technical committees shall develop an inventory of skills that may be used by the State board to define state-of-the-art model curricula. This inventory must identify the type and level of knowledge and skills needed for entry, retention, and advancement in occupational areas taught in the State. (2) The State board shall establish procedures that are consistent with the purposes of the Act for membership, operation, and duration of the technical committees. Their membership must be composed of representatives of— (i) Employers from any relevant industry or occupation for which the committee is established; (ii) Trade or professional organizations representing any relevant occupations; and (iii) Organized labor, if appropriate. (c) Except for the functions described in §403.11, the State board may delegate any of its other administrative, operational, or supervisory responsibilities, in whole or in part, to one or more appropriate State agencies. (d) The State board shall carry out the responsibilities described in §§403.13 through 403.18 and 403.200 through 403.208. (Authority: 20 U.S.C. 2321(a)(1), (f), (g)) (a) A State that desires to participate in the State Vocational and Applied Technology Education Program shall assign one individual, within the appropriate agency established or designated by the State board under §403.12(c), to administer vocational education programs within the State, to work full-time to assist the State board to fulfill the purposes of the Act by— (1) Administering the program of vocational education for single parents, displaced homemakers, and single pregnant women described in §403.81, and the sex equity program described in §403.91; (2) Gathering, analyzing, and disseminating data on the— (i) Adequacy and effectiveness of vocational education programs in the State in meeting the education and employment needs of women, including the preparation of women for employment in technical occupations, new and emerging occupational fields, and occupations regarded as nontraditional for women; and (ii) Status of men and women students and employees in the programs described in paragraph (a)(2)(i) of this section; (3) Reviewing and commenting upon, and making recommendations concerning, the plans of local educational agencies, area vocational education schools, intermediate educational agencies, and postsecondary educational institutions to ensure that the needs of women and men for training in nontraditional jobs are met; (4)(i) Reviewing vocational educational programs, including career guidance and counseling, for sex stereotyping and sex bias, with particular attention to practices that tend to inhibit the entry of women in high technology occupations; and (ii) Submitting recommendations, to the State board for inclusion in the State plan, for programs and policies to overcome sex bias and sex stereotyping in the programs described in paragraph (a)(4)(i) of this section; (5) Submitting to the State board an assessment of the State's progress in meeting the purposes of the Act with regard to overcoming sex discrimination and sex stereotyping; (6) Reviewing proposed actions on grants, contracts, and the policies of the State board to ensure that the needs of women are addressed in the administration of the Act; (7) Developing recommendations for programs of information and outreach to women concerning vocational education and employment opportunities for women, including opportunities for careers as technicians and skilled workers in technical fields and new and emerging occupational fields; (8) Providing technical assistance and advice to local educational agencies, postsecondary institutions, and other interested parties in the State on expanding vocational opportunities for women; (9) Assisting administrators, instructors, and counselors in implementing programs and activities to increase access for women, including displaced homemakers and single heads of households, to vocational education and to increase male and female students' enrollment in nontraditional programs; (10) Developing an annual plan for the use of all funds available for programs described in §§403.81 and 403.91; (11) Managing the distribution of funds pursuant to §§403.81 and 403.91; (12) Monitoring the use of funds distributed to recipients under §§403.81 and 403.91; (13) Evaluating the effectiveness of programs and activities supported by funds under §§403.81 and 403.91; (14) On a competitive basis, allocating and distributing to eligible recipients or community-based organizations subgrants or contracts to carry out the Programs for Single Parents, Displaced Homemakers, and Single Pregnant Women and the Sex Equity Program; (15) Ensuring that each subgrant or contract awarded under the Programs for Single Parents, Displaced Homemakers, and Single Pregnant Women and the Sex Equity Program is of sufficient size, scope, and quality to be effective; (16) Developing procedures for the collection from eligible recipients or community-based organizations that receive funds under §§403.81 and 403.91 of data appropriate to the individuals served in programs under §§403.81 and 403.91 in order to permit an evaluation of effectiveness of those programs as required by paragraph (a)(13) of this section; and (17) Cooperating in the elimination of sex bias and sex stereotyping in Consumer and Homemaking Education Programs. (b) A State shall, in accordance with §403.180(b)(4)(i), reserve at least $60,000 to carry out the provisions of paragraph (a) of this section, including the provision of necessary and reasonable staff support. (c) For the purposes of this section, the term “State” includes only the fifty States and the District of Columbia. (Authority: 20 U.S.C. 2312(a)(4)(A), 2321(b), 2335b, 2362(a)(3)) (a) A State desiring to participate in programs authorized by the Act shall designate or assign the head of the State office responsible for administering part B of the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. 1400 et seq.) to review the implementation of the provisions of the Act as they relate to students with disabilities by reviewing all or a representative sample of applications of eligible recipients to ensure that— (1) Individuals with disabilities are receiving vocational educational services; (2) Applications of the eligible recipients provide assurances of compliance with the requirements of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the IDEA and regulations implementing those statutes, regarding equal access to programs; and (3) Eligible recipients have— (i) Identified the number of students with disabilities enrolled in the eligible recipients' vocational programs; (ii) Assessed the vocational needs of those students; and (iii) Developed an adequate plan to provide supplementary services sufficient to meet the needs of those students. (b) For the purposes of this section, the term “State” includes only the fifty States, the District of Columbia, and the Commonwealth of Puerto Rico. (Authority: 20 U.S.C. 2321(c)) (a) A State desiring to participate in programs authorized by the Act shall designate or assign the head of the State office or other appropriate individual responsible for coordinating services under chapter 1 of title I of the Elementary and Secondary Education Act of 1965, as amended (chapter 1) (20 U.S.C. 2701 et seq.) to review all or a representative sample of applications from eligible recipients to ensure that— (1) The number of economically disadvantaged students has been identified; and (2) The needs of economically disadvantaged students are being met as outlined in the applications of eligible recipients. (b) For the purposes of this section, the term “State” includes only the fifty States, the District of Columbia, and the Commonwealth of Puerto Rico. (Authority: 20 U.S.C. 2321 (c) and (d)) (a) A State desiring to participate in programs authorized by the Act shall designate or assign the head of the State office or other appropriate individual responsible for administering programs for students of limited English proficiency to review all or a representative sample of applications from eligible recipients to ensure that— (1) The number of students of limited English proficiency has been identified; and (2) The needs of students of limited English proficiency for participation in vocational education programs are being met as outlined in the applications of eligible recipients. (b) For the purposes of this section, the term “State” includes only the fifty States, the District of Columbia, and the Commonwealth of Puerto Rico. (Authority: 20 U.S.C. 2321 (c) and (e)) (a) A State desiring to participate in the State Vocational and Applied Technology Education Program shall establish a State council on vocational education. The State council must be appointed— (1) By the Governor; or (2) By the State board of education, in a State in which the members of the State board of education are elected, including election by the State legislature. (b) Each State shall certify to the Secretary the establishment and membership of the State council by June 1 prior to the beginning of each State plan period described in §403.30. (c) Each State shall recertify to the Secretary any new member of the State council not more than 60 days after a position on the State council is vacated. (Authority: 20 U.S.C. 2322 (a), (b)) (a) Each State council must be composed of 13 individuals, and must be broadly representative of citizens and groups within the State having an interest in vocational education. (b) Each State council must consist of— (1) Seven individuals who are representative of the private sector in the State and who must constitute a majority of the membership— (i) Five of whom must be representatives of business, industry, trade organizations, and agriculture including— (A) One member who is representative of small business concerns; and (B) One member who is a private sector member of the State job training coordinating council established pursuant to section 122 of the JTPA; and (ii) Two of whom must be representatives of labor organizations; and (2) Six individuals, one of whom must be representative of special education, who are representative of— (i) Secondary and postsecondary vocational institutions (equitably distributed among those institutions); (ii) Career guidance and counseling organizations within the State; and (iii) Individuals who have special knowledge and qualifications with respect to the special educational and career development needs of special populations, including women, disadvantaged individuals, individuals with disabilities, individuals with limited English proficiency, and minorities. (c) The State council may include members of vocational student organizations and school boards but may not include employees of the State board of vocational education. (d) In selecting individuals to serve on the State council on vocational education, the State shall give due consideration to the appointment of individuals who serve on a private industry council under the JTPA, or on State councils established under other related Federal programs. (Authority: 20 U.S.C. 2322(a)) (a)(1) The State council on vocational education shall meet as soon as practical after the Secretary accepts its certification and shall select from among its membership a chairperson who must be a representative of the private sector. (2) The State council on vocational education shall adopt rules that govern the time, place, and manner of meeting, as well as council operating procedures and staffing. The rules must provide for at least one public meeting each year at which the public is given an opportunity to express views concerning the vocational education program of the State. (b) Each State council on vocational education, during each State plan period described in §403.30 unless otherwise indicated in the regulations in this section, shall— (1) Meet with the State board or its representatives to advise on the development of the subsequent State plan, or any amendments to the current State plan, while the State plan or amendment is being developed; (2) Make recommendations to the State board and make reports to the Governor, the business community, and general public of the State, concerning— (i) The State plan; (ii) Policies the State should pursue to strengthen vocational education, with particular attention to programs for individuals with disabilities; and (iii) Initiatives and methods the private sector could undertake to assist in the modernization of vocational education programs; (3) Analyze and report on the distribution of all vocational education funds in the State and on the availability of vocational education activities and services within the State; (4) Consult with the State board on the establishment of evaluation criteria for vocational education programs within the State; (5) Submit recommendations to the State board on the conduct of vocational education programs conducted in the State that emphasize the use of business concerns and labor organizations; (6) Assess and report on the distribution of financial assistance under the Act, particularly the distribution of financial assistance between secondary vocational education programs and postsecondary vocational education programs; (7) Recommend procedures to the State board to ensure and enhance the participation of the public in the provision of vocational education at the local level within the State, particularly the participation of local employers and local labor organizations; (8) Report to the State board on the extent to which individuals who are members of special populations are provided with equal access to quality vocational education programs; (9) Analyze and review corrections education programs; and (10)(i) At least once every two years— (A) Evaluate the extent to which vocational education, employment, and training programs in the State represent a consistent, integrated, and coordinated approach to meeting the economic needs of the State; (B) Evaluate the vocational education program delivery system assisted under the Act, and the job training program delivery system assisted under the JTPA, in terms of the delivery systems' adequacy and effectiveness in achieving the purposes of both Acts; and (C) Make recommendations to the State board on the adequacy and effectiveness of the coordination that takes place between vocational education and the JTPA; (ii) Comment on the adequacy or inadequacy of State action in implementing the State plan; (iii) Make recommendations to the State board on ways to create greater incentives for joint planning and collaboration between the vocational education system and the job training system at the State and local levels; and (iv) Advise, in writing, the Governor, the State board, the State job training coordinating council, the Secretary, and the Secretary of Labor of these findings and recommendations. (c)(1) Each State council on vocational education may— (i) Obtain the services of the professional, technical, and clerical personnel necessary to enable it to carry out its functions under the Act; (ii) Contract for the services necessary to enable it to carry out its evaluation functions; and (iii) Submit a statement to the Secretary reviewing and commenting upon the State plan. (2)(i) The expenditure of funds awarded to a State council on vocational education by the Secretary must be solely determined by that State council and may not be diverted or reprogrammed for any other purpose by any State board, agency, or individual. (ii) Each State council on vocational education shall designate an appropriate State agency, or other public agency, eligible to receive funds under the Act, to act as its fiscal agent for purposes of disbursement, accounting, and auditing. (3) Each State council on vocational education shall carry out its functions, whether directly or by way of contract for services, independent of programmatic and administrative control by other State boards, agencies, and individuals. (Authority: 20 U.S.C. 2322(c)–(e) and (f)(2); 2323(c)) (a) A State that desires to participate in the State Vocational and Applied Technology Education Program shall submit to the Secretary a State plan for a three-year period, in the case of the initial plan, and a two-year period thereafter, together with annual revisions the State board determines to be necessary. (b) Each State shall carry out its programs under the State Vocational and Applied Technology Education Program on the basis of program years that coincide with program years under section 104(a) of the JTPA. (c) The provisions of 34 CFR 76.103 do not apply to the State Vocational and Applied Technology Education Program. (Authority: 20 U.S.C. 2323) (a) In formulating the State plan, and any amendments to the State plan, the State board shall meet with, and utilize, the State council on vocational education established under §403.17. (b) After providing appropriate and sufficient notice to the public, the State board shall conduct at least two public hearings in the State for the purpose of affording all segments of the public and interested organizations and groups an opportunity to present their views and make recommendations regarding the State plan. (c) A State shall provide public notice of hearings on the State plan at least 30 days prior to the hearings. (d) In developing a State plan, the State shall conduct an assessment according to §403.203. (e) The State board shall develop the portion of each State plan relating to the amount and uses of any funds proposed to be reserved for adult education, postsecondary education, tech-prep education, and secondary education after consultation with the State agency responsible for supervision of community colleges, technical institutes, or other two-year postsecondary institutions primarily engaged in providing postsecondary vocational education and the State agency responsible for secondary education. If a State agency finds that a portion of the final State plan is objectionable, that agency shall file its objections with the State board. (f) The State board shall, in developing the State plan, take into consideration the relative training and retraining needs of secondary, adult, and postsecondary students. (Authority: 20 U.S.C. 2323(a)(2) and 2324(a)) (a) Assurances. To participate in the programs authorized under the State Vocational and Applied Technology Program, the State shall, in its State plan, provide assurances that— (1) The State board will comply with the applicable requirements of titles I, II, III, and V of the Act and regulations implementing those requirements (including the maintenance of fiscal effort requirement in §403.182); (2) Eligible recipients will comply with the requirements of titles I, II, III, and V of the Act and the regulations implementing those requirements; (3) The State board will develop measurable goals and accountability measures for meeting the needs of individuals who are members of special populations; (4) The State board will conduct adequate monitoring of projects, services, and activities conducted by eligible recipients to ensure that the eligible recipients are meeting the goals described in paragraph (a)(3) of this section; (5) To the extent consistent with the number and location of individuals who are members of special populations enrolled in private secondary schools, the State will provide for the participation of those individuals in the vocational education projects, services, and activities assisted under §§403.112 and 403.113; See 34 CFR 76.650–76.662, Participation of Students Enrolled in Private Schools. (6) The State will comply with the provisions of §403.180, and will distribute all of the funds reserved for the Secondary School Vocational Education Program and the Postsecondary and Adult Vocational Education Programs to eligible recipients pursuant to §§403.112, 403.113, and 403.116; (7) The State will develop and implement a system of standards for performance and measures of performance for vocational education programs at the State level that meets the requirements of §§403.201 and 403.202; (8) In the use of funds available for programs for single parents, displaced homemakers, or single pregnant women under §403.81, the State will— (i) Emphasize assisting individuals with the greatest financial need; and (ii) Give special consideration to displaced homemakers who, because of divorce, separation, or the death or disability of a spouse, must prepare for paid employment; (9) The State will furnish relevant training and vocational education activities to men and women who desire to enter occupations that are not traditionally associated with their sex; (10) The State will fund programs of personnel development and curriculum development to further the goals identified in the State plan; (11) The State has thoroughly assessed the vocational education needs of identifiable segments of the population in the State that have the highest rates of unemployment, and those needs are reflected in and addressed by the State plan; (12) The State board will cooperate with the State council in carrying out the Board's duties under the State plan; (13) None of the funds expended under the Act will be used to acquire equipment (including computer software) in any instance in which that acquisition results in a direct financial benefit to any organization representing the interests of the purchasing entity or its employees or any affiliate of such an organization; (14) State and local funds will be used in the schools of each local educational agency that are receiving funds under the Act to provide services that, taken as a whole, are at least comparable to services being provided in schools in those agencies that are not receiving funds under the Act; See §§403.194 and 403.200. (15)(i) The State board will provide leadership (qualified by experience and knowledge in guidance and counseling), supervision, and resources for comprehensive career guidance, vocational counseling, and placement programs; and (ii) As a component of the assurances described in paragraph (a)(15)(i) of this section, the State board will annually assess and include in the State plan a report on the degree to which expenditures aggregated within the State for career guidance and vocational counseling from allotments under title II of the Act are not less than expenditures for guidance and counseling within the State under the Carl D. Perkins Vocational Education Act in Fiscal or Program Year 1988; (16) The State will provide for such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of, and accounting for, Federal funds paid to the State, including those funds paid by the State to eligible recipients under the Act; (17) Funds made available under title II of the Act will be used to supplement, and to the extent practicable increase, the amount of State and local funds that would in the absence of those Federal funds be made available for the uses specified in the State plan and the local application, and in no case supplant those State or local funds; See §§403.196 and 403.208. (18) Individuals who are members of special populations will be provided with equal access to recruitment, enrollment, and placement activities; (19) Individuals who are members of special populations will be provided with equal access to the full range of vocational education programs available to individuals who are not members of special populations, including occupationally specific courses of study, cooperative education, apprenticeship programs, and, to the extent practicable, comprehensive career guidance and counseling services, and will not be discriminated against on the basis of their status as members of special populations; (20) Vocational education programs and activities for individuals with disabilities will be provided in the least restrictive environment in accordance with section 612(5)(B) of the IDEA and will, if appropriate, be included as a component of the individualized education program developed under section 614(a)(5) of that Act; (21) Students with disabilities who have individualized education programs developed under section 614(a)(5) of the IDEA, with respect to vocational education programs, will be afforded the rights and protections guaranteed those students under sections 612, 614, and 615 of that Act; (22) Students with disabilities who do not have individualized education programs developed under section 614(a)(5) of the IDEA or who are not eligible to have such a program, with respect to vocational education programs, will be afforded the rights and protections guaranteed those students under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and, for the purpose of the State Vocational and Applied Technology Education Programs, those rights and protections will include making vocational education programs readily accessible to eligible individuals with disabilities through the provision of services described §403.190(b)(3); (23) Vocational education planning for individuals with disabilities will be coordinated among appropriate representatives of vocational education, special education, and State vocational rehabilitation agencies; (24) The provision of vocational education to each student with disabilities will be monitored to determine if that education is consistent with the individualized education program developed for the student under section 614(a)(5) of the IDEA, in any case in which an individualized education program exists; (25) The provision of vocational education will be monitored to ensure that disadvantaged students and students of limited English proficiency have access to that education in the most integrated setting possible; (26)(i) The requirements of the Act relating to individuals who are members of special populations— (A) Will be carried out under the general supervision of individuals in the appropriate State educational agency or State board who are responsible for students who are members of special populations; and (B) Will meet education standards of the State educational agency or State board; (ii) With respect to students with disabilities, the supervision carried out under paragraph (a)(26)(i) of this section will be carried out consistent with, and in conjunction with, supervision by the State educational agency or State board carried out under section 612(6) of the IDEA; (27) Funds received under the Business-Labor-Education Partnership for Training Program will be awarded on a competitive basis solely for vocational education programs, including programs that— (i) Provide apprenticeships and internships in industry; (ii) Provide new equipment; (iii) Provide teacher internships or teacher training; (iv) Bring representatives of business and organized labor into the classroom; (v) Increase the access to, and quality of, programs for individuals who are members of special populations; (vi) Strengthen coordination between vocational education programs and the labor and skill needs of business and industry; (vii) Address the economic development needs of the area served by the partnership; (viii) Provide training and career counseling that will enable workers to retain their jobs; (ix) Provide training and career counseling that will enable workers to upgrade their jobs; and (x) Address the needs of new and emerging industries, particularly industries in high-technology fields; (28) In administering the Business-Labor-Education Partnership for Training Program, the State board will— (i) Give preference to partnerships that coordinate with local chambers of commerce (or the equivalent), local labor organizations, or local economic development plans; (ii) Give priority to programs offered by partnerships that provide job training in areas or skills where there are significant labor shortages; and (iii) Ensure an equitable distribution of assistance under this part between urban and rural areas; (29) Except as provided in paragraph (a)(30) of this section, not less than 50 percent of the aggregate cost of programs and projects assisted under the Business-Labor-Education Partnership for Training Program will be provided from non-Federal sources, and not less than 50 percent of the non-Federal share will be provided by businesses or labor organizations participating in the partnerships; and (30) In the event that a partnership includes a small business or labor organization, 40 percent of the aggregate cost of the programs and projects assisted under the Business-Labor-Education Partnership for Training Program will be provided from non-Federal sources and not less than 50 percent of the non-Federal share will be provided by participating business or labor organizations. (b) Descriptions. To participate in programs authorized under the State Vocational and Applied Technology Education Program, the State must include the following descriptions in the State plan: (1) The procedures and criteria for, and the results of, each of the assessments required by §403.203, including the needs identified by the assessments. (2) The plans for the use of the funds and how those planned uses reflect the needs described in paragraph (b)(1) of this section. (3) The manner in which the State will comply with the requirements in the Act regarding access and services for individuals who are members of special populations and a description of the responsiveness of programs to the special needs of those students. (4) The estimated distribution, for each instructional level—secondary, postsecondary, and adult—of funds to corrections educational agencies as prescribed by §403.100, of funds to local educational agencies, area vocational education schools, or intermediate educational agencies as prescribed by §§403.112 and 403.113, and of funds to eligible institutions or consortia of eligible institutions as prescribed by §403.116. (5) The criteria the State board will use— (i) In approving applications of eligible recipients; and (ii) For spending the amounts reserved for the State under §403.180(b). (6) How funds expended for occupationally specific training will be used for occupations in which job openings are projected or available, based on a labor market analysis that is not limited to the area in which the school is located. (7) In each State plan submitted after Fiscal Year 1991, the progress the State has made in achieving the goals described in previous State plans. (8) The methods of administration necessary for the prompt and efficient administration of programs under the Act. (9) How the State will implement program evaluations with eligible recipients as prescribed in §§403.191, 403.192, 403.201(a) (3) and (4), and 403.204. (10) The methods proposed for the joint planning and coordination of programs carried out under the Act with programs conducted under the JTPA, the Adult Education Act (20 U.S.C. 1201 et seq.), chapter 1, the IDEA, and the Rehabilitation Act of 1973, and with apprenticeship programs. (11) Procedures by which an area vocational educational school, intermediate educational agency, or local educational agency may appeal decisions adverse to its interests with respect to programs assisted under the Act. See 34 CFR 76.401. (12) How the State will comply with the provisions of §§403.32(a)(18)–(26), 403.115, and 403.205. (13) The State's rationale for distribution of funds under the Secondary School Vocational Education Program and the Postsecondary and Adult Vocational Education Programs. (14) The State corrections educational agency or agencies designated to administer vocational education programs assisted under the Act, and the plan for the use of funds provided under §403.180(b)(5). (15) Any delegation of functions under §403.12(c). (16) The manner in which the State board will comply with the applicable requirements of titles I, II, III, and V of the Act (including the maintenance of fiscal effort requirements in §403.182). (17) A summary of recommendations made at public hearings on the State plan and the State board's response. (18) How the State will determine which LEAs are located in a rural sparsely-populated area for purposes of §403.112(d)(3). (19) Which indices of economic status the State will use to determine the number of economically disadvantaged students attending vocational educational programs for the purposes of §403.114. (20) What method the State will use to distribute minimal amounts for the purpose of §403.119(a). (21) As appropriate, what method the State will use to distribute funds under §403.118. (c) Consultations. A State desiring to participate in the State Vocational and Applied Technology Education Program shall include in its State plan— (1) A statement, if any, from the State advisory council on vocational education reviewing and commenting on the State plan; (2) As necessary, the State's reasons for not accepting the recommendations of the State Committee of Practitioners for modifying standards and measures to be used in the statewide system of core standards and measures of performance; and (3) As necessary, the State's response to any objections raised by State agencies consulted during the development of the State plan as required by §403.31(e). (Authority: 20 U.S.C. 2321(a)(2); 2322(e); 2323(a)(2)(B), (b); 2324(a); 2325(a), (d)(3); 2328(a); 2336(a)(1); 2341(b)(2), (d)(3); 2341b(a); 2392(b); 2463; and 2468e(a)(1)) [57 FR 36735, Aug. 14, 1992, as amended at 59 FR 38512, July 28, 1994] (a)(1) The State board shall submit its State plan for review and comment to the State job training coordinating council under section 122 of the JTPA not less than sixty days before the State plan is submitted to the Secretary. (2) If the matters raised by the comments of the State job training coordinating council are not addressed in the State plan, the State board shall submit those comments to the Secretary with the State plan. (b) The State board shall submit its State plan for review and comment to the State council on vocational education not less than sixty days before the State plan is submitted to the Secretary. See §403.19(c)(1)(iii). (c) Each State plan must be submitted to the Secretary by May 1 preceding the beginning of the first fiscal year for which the plan is to be in effect. (d) The State plan is considered to be the general application required by section 435 of the General Education Provisions Act (20 U.S.C. 1232d). (Authority: 20 U.S.C. 2322(d)(1) and (2)(A), (e); 2323(a)(2)(A); and 2324(b)) The State board, in consultation with the State council, shall submit amendments to the State plan to the Secretary when required by 34 CFR 76.140 or when changes in program conditions, labor market conditions, funding, or other factors require substantial amendment of an approved State plan. All amendments must be submitted for review by the State job training coordinating council and the State council on vocational education before submittal to the Secretary. (Authority: 20 U.S.C. 2323(c)) (a)(1) From funds made available under section 3(c) of the Act for the basic programs listed in §403.60, and under section 3(d) of the Act for the special programs listed in §403.130, the Secretary allots funds each fiscal year according to the provisions of section 101 of the Act to the 50 States, the Commonwealth of Puerto Rico, the District of Columbia, and the Virgin Islands. (2) Upon approval of its State plan and any annual amendments, the Secretary makes one or more grant awards from those allotments to a State. (b)(1) From funds made available under sections 3(b)(2) of the Act, the Secretary allots funds each fiscal year for State councils on vocational education according to the provisions of section 112(f)(1) of the Act. (2) The Secretary makes an award to a State council upon the State council's submission of an annual budget covering the proposed expenditures of the State council for the following program year, and when the Secretary has determined that the State plan is in substantially approvable form. (c) From funds made available under section 3(b)(1)(B) of the Act for the territories, the Secretary allots funds each fiscal year according to the provisions of section 101A(a) of the Act. (d)(1) The Secretary awards funds remaining after allotments are made under paragraph (c) of this section to the Center for the Advancement of Pacific Education (CAPE) or its successor entity, such as the Pacific Regional Educational Laboratory. (2) CAPE or its successor entity shall make grants for vocational education and training in Guam, American Samoa, Palau, the Commonwealth of the Northern Marianas, the Federated States of Micronesia, and the Republic of the Marshall Islands for the purpose of providing direct educational services, including— (i) Teacher and counselor training and retraining; (ii) Curriculum development; and (iii) Improving vocational education and training programs in secondary schools and institutions of higher education (as defined in §403.117(b)), or improving cooperative programs involving both secondary schools and institutions of higher education. (3) CAPE may not use more than five percent of the funds received under paragraph (d)(1) of this section for administrative costs. (Authority: 20 U.S.C. 2311; 2311a; and 2461) (a)(1) If the Secretary determines that any amount of a State's allotment under §403.50(a) will not be required for any fiscal year for carrying out the program for which the allotment was made, the Secretary reallots those funds to one or more States that demonstrate a current need for additional funds and the ability to use them promptly and effectively upon reallotment. (2) The Secretary announces in the (b)(1) No funds reallotted under paragraph (a) of this section may be used for any purpose other than the purposes for which they were appropriated. (2) Any amount reallotted to a State under paragraph (a) of this section remains available for obligation during the succeeding fiscal year and is deemed to be part of the State's allotment for the fiscal year in which the reallotted funds are obligated. (Authority: 20 U.S.C. 2311(b)) (a)(1) The Secretary approves a State plan, or an amendment to a State plan, within sixty days of its receipt unless the plan or amendment is— (i) Inconsistent with the requirements and purposes of the Act; or (ii) Not of sufficient quality to meet the objectives of the Act, including the objective of developing and implementing program evaluations and improvements. (2) Before the Secretary finally disapproves a State plan, or an amendment to a State plan, the Secretary gives reasonable notice and an opportunity for a hearing to the State board. (b)(1) In reviewing a State plan, or an amendment to a State plan, the Secretary considers available comments from— (i) The State council on vocational education; (ii) The State agency responsible for supervision of community colleges, technical institutes, or other two-year postsecondary institutions primarily engaged in providing postsecondary vocational education; (iii) The State agency responsible for secondary education; (iv) The State Committee of Practitioners established under 34 CFR 400.6; and (v) The State job training coordinating council. (2) In reviewing an amendment to a State plan, the Secretary considers available comments from the State job training coordinating council and the State council on vocational education. (Authority: 20 U.S.C. 2323(c), 2324, and 2325(d)(3)) The following basic programs are authorized by title II of the Act: (a) State Programs and State Leadership Activities. (b) Programs for Single Parents, Displaced Homemakers, and Single Pregnant Women. (c) Sex Equity Programs. (d) Programs for Criminal Offenders. (e) Secondary School Vocational Education Programs. (f) Postsecondary and Adult Vocational Education Programs. (Authority: 20 U.S.C. 2302) Projects, services, and activities described in §§403.70, 403.71, 403.81, 403.91, 403.101, and 403.111 may include— (a) Work-site programs such as cooperative vocational education, programs with community-based organizations, work-study, and apprenticeship programs; (b) Placement services and activities for students who have successfully completed vocational education programs; and (c) Programs that involve students in addressing the needs of the community in the production of goods or services that contribute to the community's welfare or that involve the students with other community development planning, institutions, and enterprises. (Authority: 20 U.S.C. 2468e(c)) (a) Any project assisted with funds made available for the basic programs must be of sufficient size, scope, and quality to give reasonable promise of meeting the vocational education needs of the students involved in the project. (b) Each State board receiving financial assistance for the basic programs may consider granting academic credit for vocational education courses that integrate core academic competencies. (Authority: 20 U.S.C. 2468e (b) and (d)) (a) Unless otherwise indicated in the regulations in this part, a State board shall carry out projects, services, and activities under the State Vocational and Applied Technology Education Program— (1) Directly; (2) Through a school operated by the State board; (3) Through awards to State agencies or institutions, such as vocational schools or correctional institutions; or (4) Through awards to eligible recipients. (b) For the purpose of paragraph (a) of this section, a State board acts directly if it— (1) Carries out projects, services, or activities using its own staff (except at a school operated by the State board); or (2) Contracts for statewide projects, services, or activities such as research, curriculum development, and teacher training. (c) The regulations in this part also authorize a State to carry out certain projects, services, and activities under the State Vocational and Applied Technology Education Program by making an award to an entity other than an eligible recipient, such as a community-based organization, employers, private vocational training institutions, private postsecondary education institutions, labor organizations, and joint labor management apprenticeship programs. (d) If projects, services, and activities are carried out by a school operated by the State board under paragraph (a)(2) of this section or are carried out by a State agency or institution under paragraph (a)(3) of this section, the requirements dealing with local applications (§§403.190 and 403.32(b)(5)(i)) apply in the same manner as to other eligible recipients. (Authority: 20 U.S.C. 2323(b)(5), (6); 2335(a)(3); 2335b; 2342(c)(2)(N); and 2343) A State shall use funds reserved under section 102(a)(3) of the Act for the State Programs and State Leadership Activities in accordance with §403.180(b)(3) to conduct programs, projects, services, and activities that include— (a) Professional development activities— (1) For vocational teachers and academic teachers working with vocational education students, including corrections educators and counselors and educators and counselors in community-based organizations; and (2) That include inservice and preservice training of teachers in programs and techniques, including integration of vocational and academic curricula, with particular emphasis on training of minority teachers; (b) Development, dissemination, and field testing of curricula, especially curricula that— (1) Integrate vocational and academic methodologies; and (2) Provide a coherent sequence of courses through which academic and occupational skills may be measured; and (c) Assessment of programs conducted with assistance under the Act including the development of— (1) Performance standards and measures for those programs; and (2) Program improvement and accountability with respect to those programs. (Authority: 20 U.S.C. 2331(b)) In addition to the required activities in §403.70, a State may use funds reserved under section 102(a)(3) of the Act for the State Programs and State Leadership Activities in accordance with §403.180(b)(3) for programs, projects, services, and activities that include— (a) The promotion of partnerships among business, education (including educational agencies), industry, labor, community-based organizations, or governmental agencies; (b) The support for tech-prep education as described in 34 CFR part 406; (c)(1) The support of vocational student organizations that are an integral part of the vocational education instructional program, especially with respect to efforts to increase minority participation in those organizations. (2) The support of vocational student organizations may include, but is not limited to, expenditures for— (i) The positions of State executive secretaries and State advisors for vocational student organizations; (ii) Leadership development workshops; (iii) The development of curriculum for vocational student organizations; and (iv) Field or laboratory work incidental to vocational training so long as the activity is supervised by vocational education personnel who are qualified in the occupational area and is available to all students in the instructional program without regard to membership in any student organization. (3) The support of vocational student organizations may not include— (i) Lodging, feeding, conveying, or furnishing transportation to conventions or other forms of social assemblage; (ii) Purchase of supplies, jackets, and other effects for students' personal ownership; (iii) Cost of non-instructional activities such as athletic, social, or recreational events; (iv) Printing and disseminating non-instructional newsletters; (v) Purchase of awards for recognition of students, advisors, and other individuals; or (vi) Payment of membership dues; (d) Leadership and instructional programs in technology education; and (e) Data collection. (Authority: 20 U.S.C. 2331(c); H.R. Rep. No. 660, 101st Cong., 1st Sess. 117 (1990)) Eligible recipients and community-based organizations are eligible for an award under the Single Parents, Displaced Homemakers, and Single Pregnant Women Program. (Authority: 20 U.S.C. 2335(a)(2), (3); 2335b(1)) A State shall use funds reserved in accordance with §403.180(b)(2)(i) for individuals who are single parents, displaced homemakers, or single pregnant women only to— (a) Provide, subsidize, reimburse, or pay for preparatory services, including instruction in basic academic and occupational skills, necessary educational materials, and career guidance and counseling services in preparation for vocational education and training that will furnish single parents, displaced homemakers, and single pregnant women with marketable skills; (b) Make grants to eligible recipients for expanding preparatory services and vocational education services if the expansion directly increases the eligible recipients' capacity for providing single parents, displaced homemakers, and single pregnant women with marketable skills; (c) Make grants to community-based organizations for the provision of preparatory and vocational education services to single parents, displaced homemakers, and single pregnant women if the State determines that the community-based organizations have demonstrated effectiveness in providing comparable or related services to single parents, displaced homemakers, and single pregnant women, taking into account the demonstrated performance of such organizations in terms of cost, the quality of training, and the characteristics of the participants; (d) Make preparatory services and vocational education and training more accessible to single parents, displaced homemakers, and single pregnant women by assisting those individuals with dependent care, transportation services, or special services and supplies, books, and materials, or by organizing and scheduling the programs so that those programs are more accessible; or (e) Provide information to single parents, displaced homemakers, and single pregnant women to inform those individuals of vocational education programs, related support services, and career counseling. (Authority: 20 U.S.C. 2335(a)) The programs and services described in §403.81 may be provided in postsecondary or secondary school settings, including area vocational education schools, and community-based organizations that meet the requirements of §403.81(c), that serve single parents, displaced homemakers, and single pregnant women. (Authority: 20 U.S.C. 2335(b)) Eligible recipients and community-based organizations are eligible for an award under the Sex Equity Program. (Authority: 20 U.S.C. 2335b(1)) Except as provided in §403.92, each State shall use amounts reserved for the Sex Equity Program in accordance with §403.180(b)(2)(ii) only for— (a) Programs, services, comprehensive career guidance and counseling, and activities to eliminate sex bias and stereotyping in secondary and postsecondary vocational education; (b) Preparatory services and vocational education programs, services, and activities for girls and women, aged 14 through 25, designed to enable the participants to support themselves and their families; and (c) Support services for individuals participating in vocational education programs, services, and activities described in paragraphs (a) and (b) of this section, including dependent-care services and transportation. (Authority: 20 U.S.C. 2335a(a)) The individual appointed under §403.13(a) may waive the requirement in §403.91(b) with respect to age limitations if the individual determines (through appropriate research) that the waiver is essential to meet the objectives of §403.91. (Authority: 20 U.S.C. 2335a(b)) (a) The State Board shall designate one or more State corrections educational agencies to administer programs assisted under the Act for juvenile and adult criminal offenders in correctional institutions in the State including correctional institutions operated by local authorities. (b) Each State corrections educational agency that desires to be designated under paragraph (a) of this section shall submit to the State board a plan for the use of funds. (Authority: 20 U.S.C. 2336(a)) In administering programs receiving funds reserved under §403.180(b)(5) for criminal offenders, each State corrections educational agency designated under §403.100(a) shall— (a) Give special consideration to providing— (1) Services to offenders who are completing their sentences and preparing for release; and (2) Grants for the establishment of vocational education programs in correctional institutions that do not have such programs; (b) Provide vocational education programs for women who are incarcerated; (c) Improve equipment; and (d) In cooperation with eligible recipients, administer and coordinate vocational education services to offenders before and after their release. (Authority: 20 U.S.C. 2336(b)) Each State corrections educational agency designated under §403.100(a) shall meet the requirements in §§403.191 and 403.192. (Authority: 20 U.S.C. 2471(22)) (a) Subject to the requirements of paragraph (c) of this section, the following entities are eligible for an award under the Secondary School Vocational Education Program: (1) A local educational agency. (2) An area vocational education school or intermediate educational agency that meets the requirements in §403.113. (b) Subject to the requirements of paragraph (c) of this section, the following entities are eligible for an award under the Postsecondary and Adult Vocational Education Programs: (1) An institution of higher education as defined in §403.117(b), including a nonprofit institution that satisfies the conditions set forth in §403.111(d)(14). (2) A local educational agency serving adults. (3) An area vocational education school serving adults that offers or will offer a program that meets the requirements of §403.111 and seeks to receive assistance under the Secondary School Vocational Education Program or the Postsecondary and Adult Vocational Education Programs. (c) Only an entity that provides or will provide vocational education in a program that meets the requirements of §403.111 is eligible to receive an award under the Secondary School Vocational Education Program or the Postsecondary and Adult Vocational Education Program. (Authority: 20 U.S.C. 2341(a) and (d); 2341a (a) and (d)(1); and 2342(c)) (a)(1) Each eligible recipient that receives an award under §403.112, §403.113, or §403.116 shall use funds under that award to improve vocational education programs. (2) Projects assisted with funds awarded under §403.112, §403.113, or §403.116 must— (i) Provide for the full participation of individuals who are members of special populations by providing the supplementary and other services required by §403.190(b) necessary for them to succeed in vocational education; and See appendix A to part 403 and §§403.190(c) and 403.193(e). (ii) Operate at a limited number of sites or with respect to a limited number of program areas. (3) If an eligible recipient that receives an award under §403.112, §403.113, or §403.116 meets the requirements in this section and §§403.190(b) and 403.193, it may use those Federal funds to serve students who are not members of special populations. (b) Each eligible recipient that receives an award under §403.112, §403.113, or §403.116 shall give priority for assistance under those sections to sites or program areas that serve the highest concentrations of individuals who are members of special populations. Examples: Methods by which an eligible recipient may give priority to sites or program areas that serve the highest concentrations of individuals who are members of special populations include, but are not limited to, the following: Example 1: Method to give priority to a limited number of sites. Based on data from the preceding fiscal year—
(a) First, a local educational agency ranks each site based on the percentage of the site's total enrollment of students who are members of special populations. (b) Second, the local educational agency establishes a funding cut-off point for sites above the district-wide percentage of special populations enrollment. The local educational agency funds sites above the cut-off point but does not fund sites below that point. Example 2: Method to give priority to a limited number of program areas. Based on data from the preceding fiscal year—
(a) First, a postsecondary institution ranks each program area based on the percentage of the program area's total enrollment of students who are members of special populations. (b) Second, the postsecondary institution establishes a funding cut-off point for program areas that rank above the institution-wide average percentage of special populations enrollment. The postsecondary institution funds projects in a program area that is above the cut-off point but does not fund projects in program areas below that point. Example 3: Method to give priority to a limited number of sites. Based on data from the preceding fiscal year—
(a) First, an LEA or postsecondary institution identifies a site with a high concentration of special populations; (b) Second, the LEA or postsecondary institution identifies a program area at the site (such as health occupations) in which the participation rate for members of special populations has been lower than the overall rate of participation for members of special populations at the site; and (c) Third, the LEA or postsecondary institution funds a project at the site designed to improve the participation rate of members of special populations in that program area. Note to examples in §403.111: Absolute counts of special population members may be used to determine the sites or program areas with the highest concentrations of special population members instead of, or in combination with, percentages of special population members. (c) Funds made available from an award under §403.112, §403.113, or §403.116 must be used to provide vocational education in programs that— (1) Are of sufficient size, scope, and quality as to be effective; (2) Integrate academic and vocational education in those programs through coherent sequences of courses so that students achieve both academic and occupational competencies; and (3) Provide for the equitable participation of members of special populations in vocational education consistent with the assurances and requirements in §§403.190(b) and 403.193, so that these populations have an opportunity to enter vocational education that is equal to that afforded to the general student population. See appendix A to part 403. (d) In carrying out the provisions of paragraph (c) of this section, an eligible recipient under §§403.112, 403.113, or §403.116 may use funds for activities that include, but are not limited to— (1) Upgrading of curriculum; (2) Purchase of equipment, including instructional aids; (3) Inservice training of both vocational instructors and academic instructors working with vocational education students for integrating academic and vocational education; (4) Guidance and counseling; (5) Remedial courses; (6) Adaptation of equipment; (7) Tech-prep education programs; (8) Supplementary services designed to meet the needs of special populations; (9) Payment in whole or in part with funds under §403.112, §403.113, or §403.116 for a special populations coordinator, who must be a qualified counselor or teacher, to ensure that individuals who are members of special populations are receiving adequate services and job skill training; (10) Apprenticeship programs; (11) Programs that are strongly tied to economic development efforts in the State; (12) Programs that train adults and students for all aspects of an occupation in which job openings are projected or available; (13) Comprehensive mentor programs in institutions of higher education offering comprehensive programs in teacher preparation, which seek to use fully the skills and work experience of individuals currently or formerly employed in business and industry who are interested in becoming classroom instructors and to meet the need of vocational educators who wish to upgrade their teaching competencies; or (14) Provision of education and training through arrangements with private vocational training institutions, private postsecondary educational institutions, employers, labor organizations, and joint labor-management apprenticeship programs if those institutions, employers, labor organizations, or programs can make a significant contribution to obtaining the objectives of the State plan and can provide substantially equivalent training at a lesser cost, or can provide equipment or services not available in public institutions. (Authority: 20 U.S.C. 2342) (a) Reservation of funds. From the portion of its allotment under §403.180(b)(1) for the basic programs, each fiscal year a State may reserve funds for the Secondary School Vocational Education Program. (b) General rule. Except as provided in paragraphs (c) and (d) of this section and §401.119, a State shall distribute funds reserved for the Secondary School Vocational Education Program to local educational agencies (LEAs) according to the following formula: (1) From 70 percent of the amount reserved, an LEA must be allocated an amount that bears the same relationship to the 70 percent as the amount the LEA was allocated under section 1005 of chapter 1 (20 U.S.C. 2711) in the fiscal or program year preceding the fiscal or program year in which the allocation is made bears to the total amount received under section 1005 of chapter 1 by all LEAs in the State in that preceding year. (2) From 20 percent of the amount reserved, an LEA must be allocated an amount that bears the same relationship to the 20 percent as the number of students with disabilities who have individualized education programs under section 614(a)(5) of the IDEA served by the LEA in the fiscal or program year preceding the fiscal or program year in which the allocation is made bears to the total number of those students served by all LEAs in the State in that preceding year. (3) From 10 percent of the amount reserved, an LEA must be allocated an amount that bears the same relationship to the 10 percent as the number of students enrolled in schools and adults enrolled in vocational education training programs under the jurisdiction of the LEA in the fiscal or program year preceding the fiscal or program year in which the allocation is made bears to the number of students enrolled in schools in kindergarten through 12th grade and adults enrolled in vocational education training programs under the jurisdiction of all LEAs in the State in that preceding year. Example: Assume that a State has reserved $5,000,000 of its basic programs funds under Title II of the Act for secondary school programs.
(a)(1) All LEAs in the State were allocated a total of $80,000,000 under section 1005 of Chapter 1 in the preceding fiscal year. Of that amount, school district “A” was allocated $400,000. (2) The allocation for school district “A” is calculated by multiplying $3,500,000 (70 percent of $5,000,000) by .005 of the State total ($400,000÷$80,000,000). The allocation for school district “A” would be $17,500 under paragraph (b)(1) of this section. (b)(1) All LEAs in a State served a total of 100,000 students with disabilities who have individualized education programs under section 614(a)(5) of the IDEA in the preceding fiscal year. Of that total, school district “A” served 400 of those students in the preceding fiscal year. (2) The allocation for school district “A” is calculated by multiplying $1,000,000 (20 percent of $5,000,000) by .004 of the State total (400÷100,000). The allocation for school district “A” would be $4,000 under paragraph (b)(2) of this section. (c)(1) All LEAs in a State enrolled a total of 1,000,000 students (including adults enrolled in vocational education training programs in those LEAs) in the preceding fiscal year. Of that number school district “A” enrolled 3,500 of those students in the preceding fiscal year. (2) The allocation for school district “A” is calculated by multiplying 500,000 (10 percent of $5,000,000) by .0035 of the State total (3,500÷1,000,000). The allocation for school district “A” would be $1,750 under paragraph (b)(3) of this section. (c) Exception to the general rule. In applying the provisions in paragraph (b) of this section, a State may not distribute funds to an LEA that operates only elementary schools, but shall instead distribute funds that would have been allocated for those ineligible LEAs as follows: (1) If an LEA that operates only elementary schools sends its graduating students to a single local or regional educational agency that provides secondary school services to secondary school students in the same attendance area, a State shall distribute to that local or regional educational agency any amounts under paragraph (b) of this section that would otherwise have been allocated to LEAs operating only elementary schools. (2) If an LEA that operates only elementary schools sends its graduating students to two or more local or regional educational agencies that provide secondary school services to secondary students in the same attendance area, the State shall distribute to those local or regional educational agencies an amount based on the proportionate number of students each agency received in the previous year from the LEA that operates only elementary schools. (d)(1) Minimum grant amount. Except as provided in paragraph (d)(3) of this section, an LEA is not eligible for a grant under the Secondary School Vocational Education Program unless the amount allocated to the LEA under paragraph (b) of this section is not less than $15,000. (2)(i) An LEA may enter into a consortium with one or more LEAs for the purpose of providing services under the Secondary School Vocational Education Program in order to meet the minimum grant requirement in paragraph (d)(1) of this section. (ii) A consortium arrangement under paragraph (d)(2)(i) of this section must serve primarily as a structure for operating joint projects that provide services to all participating local educational agencies. (iii) A project operated by a consortium must meet the size, scope, and quality requirement of §403.111(c)(1). Example: Under the distribution formula for the Secondary School Vocational Education Program, three LEAs earn $5,000 each (which is less than the $15,000 minimum grant amount for each LEA). The LEAs form a consortium in order to receive an award. One of the LEAs is designated as the fiscal agent for the consortium and receives the $15,000 award for the consortium. The consortium may operate and fund with the $15,000 a project or projects for the benefit of all participating LEAs. The fiscal agent of the consortium may not subgrant back to the participating LEAs the amounts they contributed to the consortium. (3) A State may waive paragraph (d)(1) of this section in any case in which the LEA— (i) Is located in a rural, sparsely populated area; (ii) Demonstrates that it is unable to enter into a consortium for purposes of providing services under the Secondary School Vocational Education Program; and (iii) Demonstrates that the projects to be assisted meet the size, scope, and quality requirements in §403.111(c)(1). (4) Any amounts that are not distributed by reason of paragraph (d)(1) of this section must be redistributed in accordance with the provisions in paragraph (b) of this section. See 34 CFR 403.113(d). (Authority: 20 U.S.C. 2341 (a), (b), and (c)) (a) A State shall distribute funds reserved under §403.112(a) directly to the appropriate area vocational education school or intermediate educational agency in any case in which— (1) The area vocational education school or intermediate educational agency and an LEA— (i) Have formed or will form a consortium for the purpose of receiving funds reserved under §403.112(a); or (ii) Have entered into or will enter into a cooperative arrangement for the purpose of receiving funds reserved under §403.112(a); and (2)(i) The area vocational education school or intermediate educational agency serves a proportion of students with disabilities and students who are economically disadvantaged that is approximately equal to or greater than the proportion of those students attending the secondary schools under the jurisdiction of all of the LEAs sending students to the area vocational education school or the intermediate educational agency; or (ii) The area vocational education school or intermediate educational agency demonstrates that it is unable to meet the criterion in paragraph (a)(2)(i) of this section due to the lack of interest by students with disabilities and students who are economically disadvantaged in attending vocational education programs in that area vocational education school or intermediate educational agency. (b) If an area vocational education school or intermediate educational agency meets the requirements of paragraph (a) of this section, then the amount that would otherwise be allocated to the LEA may be distributed to the area vocational education school, the intermediate educational agency, and the LEA— (1) Based on each school's or entity's relative share of students with disabilities and students who are economically disadvantaged who are attending vocational education programs that meet the requirements of §403.111 (based, if practicable, on the average enrollment for the prior 3 years); or (2) On the basis of an agreement between the LEA and the area vocational education school or intermediate educational agency. (c) Notwithstanding paragraphs (a) and (b) of this section, and §§403.114 and 403.115, prior to distributing funds to any LEA that would receive an allocation that is not sufficient to conduct a program that meets the requirements of §403.111(c), a State shall encourage the LEA to— (1) Form a consortium or enter a cooperative agreement with an area vocational education school or intermediate educational agency offering programs that meet the requirements of §403.111(c), and that are accessible to economically disadvantaged students and students with disabilities that would be served by the LEA; and (2) Transfer its allocation to an area vocational education school or intermediate educational agency. (d) If an LEA's allocation under §403.112 meets the minimum grant requirement in §403.112(d), and the allocation is distributed in part to an area vocational education school or an intermediate educational agency pursuant to paragraphs (a) and (b) of this section, the LEA may retain the amount not distributed to the area vocational education school or an intermediate educational agency even though that amount is less than the minimum grant required by §403.112(d). (Authority: 20 U.S.C. 2341(d) (1), (2), and (5)) (a) For the purposes of §403.113, a State may determine the number of economically disadvantaged students attending vocational education programs on any of the following bases: (1) Eligibility for one of the following: (i) Free or reduced-price meals under the National School Lunch Act (42 U.S.C. 1751 et seq.). (ii) The program for aid to Families with Dependent Children under part A of title IV of the Social Security Act (42 U.S.C. 601). (iii) Benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011). (iv) To be counted for purposes of section 1005 of chapter 1. (v) Participation in programs assisted under title II of the JTPA. (2) Receipt of a Pell grant or assistance under a comparable State program of need-based financial assistance. (3) Status of an individual who is determined by the Secretary to be low-income according to the latest available data from the Department of Commerce or the Department of Health and Human Services Poverty Guidelines. (4) Other indices of economic status, including estimates of those indices, if the State demonstrates to the satisfaction of the Secretary that those indices are more representative of the number of economically disadvantaged students attending vocational education programs. The Secretary determines, on a case-by-case basis, whether other indices of economic status are more representative of the number of economically disadvantaged students attending vocational education programs, taking into consideration, for example, the statistical reliability of any data submitted by a grantee as well as the general acceptance of the indices by other agencies in the State or local area. (b) If a State elects to use more than one factor described in paragraph (a) of this section for purposes of determining the number of economically disadvantaged students enrolled in vocational education programs, the State shall ensure that the data used are not duplicative. (Authority: 20 U.S.C. 2341(d)(3) and 2471(15)) The State board shall establish an appeals procedure for resolution of any dispute arising between an LEA and an area vocational education school or an intermediate educational agency with respect to the allocation procedures described in §§403.112 and 403.113, including the decision of an LEA to leave a consortium. See 34 CFR 76.401, Disapproval of an application—opportunity for a hearing. (Authority: 20 U.S.C. 2341(d)(4)) (a) Reservation of funds. From the portion of its allotment under §403.180(b)(1) for the basic programs, each fiscal year a State may reserve funds for the Postsecondary and Adult Vocational Education Programs. (b) General rule. (1) A State shall distribute funds reserved for Postsecondary and Adult Vocational Education Programs to eligible institutions or consortia of eligible institutions within the State. (2) Except as provided in paragraph (c) of this section and §§403.118 and 403.119, each eligible institution or consortium of eligible institutions must receive an amount that bears the same relationship to the amount of funds reserved for the Postsecondary and Adult Vocational Education Programs as the number of Pell Grant recipients and recipients of assistance from the Bureau of Indian Affairs enrolled in programs meeting the requirements of §403.111, including meeting the definition of vocational education in 34 CFR 400.4, offered by the eligible institution or consortium of eligible institutions in the fiscal or program year preceding the fiscal or program year in which the allocation is made bears to the number of those recipients enrolled in these programs within the State in that preceding year. (c) Minimum grant amount. (1) A State may not provide a grant under paragraph (b) of this section to any institution or consortium of eligible institutions for an amount that is less than $50,000. (2) Any amounts that are not allocated by reason of paragraph (c)(1) of this section must be redistributed to eligible institutions or consortia of eligible institutions in accordance with the provisions of paragraph (b) of this section. (d) In order for a consortium of eligible institutions to receive assistance under this section, the consortium must operate joint projects that— (1) Provide services to all postsecondary institutions participating in the consortium; and (2) Are of sufficient size, scope, and quality as to be effective. (Authority: 20 U.S.C. 2341a (a) and (c)) [57 FR 36735, Aug. 14, 1992, as amended at 59 FR 38513, July 28, 1994] For the purposes of §§403.116, 403.118, and 403.120 the following definitions apply: (a) Eligible institution means an institution of higher education, an LEA serving adults, or an area vocational education school serving adults that offers or will offer a program that meets the requirements of §403.111 and seeks to receive assistance under §403.116. (b)(1) Institution of higher education means an educational institution in any State that— (i) Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of that certificate, or who are beyond the age of compulsory school attendance; (ii) Is legally authorized within the State to provide a program of education beyond secondary education; (iii) Provides an educational program for which it awards a bachelor's degree or provides not less than a two-year program which is acceptable for full credit toward such a degree, or in the case of a hospital or health care facility, that provides training of not less than one year for graduates of accredited health professions programs, leading to a degree or certificate upon completion of that training; (iv) Is a public or other nonprofit institution; and (v) Is accredited by a nationally recognized accrediting agency or association approved by the Secretary for this purpose or, if not so accredited— (A) Is an institution with respect to which the Secretary has determined that there is satisfactory assurance, considering the resources available to the institution, the period of time, if any, during which it has operated, the effort it is making to meet accreditation standards, and the purpose for which this determination is being made, that the institution will meet the accreditation standards of such an agency or association within a reasonable time; or (B) Is an institution whose credits are accepted, on transfer, by not less than three institutions that are so accredited, for credit on the same basis as if transferred from an institution so accredited. (2) This term also includes any school that provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation and that meets the provisions of paragraphs (b)(1) (i), (ii), (iv), and (v) of this definition. If the Secretary determines that a particular category of these schools does not meet the requirements of paragraph (b)(1)(v) because there is no nationally recognized accrediting agency or association qualified to accredit schools in that category, the Secretary, pending the establishment of such an accrediting agency or association, appoints an advisory committee, composed of persons specially qualified to evaluate training provided by schools in that category, that must— (i) Prescribe the standards of content, scope, and quality that must be met in order to qualify schools in that category to participate in the program pursuant to this part; and (ii) Determine whether particular schools not meeting the requirements of paragraph (b)(1)(v) of this definition meet those standards. (c) Pell Grant recipient means a recipient of financial aid under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a–l et seq.). (Authority: 20 U.S.C. 2341a(d)) The Secretary may waive §403.116(b)(2) for any fiscal or program year for which a State submits to the Secretary an application for such a waiver that— (a) Demonstrates that the formula in §403.116(b)(2) does not result in a distribution of funds to the institutions or consortia of eligible institutions within the State that have the highest numbers of economically disadvantaged individuals and that an alternative formula would result in such a distribution. (b) Includes a proposal for an alternative formula that may include criteria relating to the number of individuals attending institutions or consortia of eligible institutions within the State who— (1) Receive need-based postsecondary financial aid provided from public funds; (2) Are members of families participating in the program for aid to families with dependent children under part A of title IV of the Social Security Act (42 U.S.C. 601); (3) Are enrolled in postsecondary educational institutions that— (i) Are funded by the State; (ii) Do not charge tuition; and (iii) Serve only economically disadvantaged students; (4) Are enrolled in programs serving economically disadvantaged adults; (5) Are participants in programs assisted under the JTPA; (6) Are Pell Grant recipients; and (c) Proposes an alternative formula that— (1) Includes direct counts of students enrolled in the institutions or consortia of eligible institutions; (2) Directly relates to the status of students as economically disadvantaged individuals; (3) Is to be uniformly applied to all eligible institutions; (4) Does not include fund pools for specific types of institutions or consortia of eligible institutions; (5) Does not include the direct assignment of funds to a particular institution or consortium of eligible institutions on a non-formula basis; and (6) Identifies a more accurate count of economically disadvantaged individuals in the aggregate than does the formula in §403.116(b)(2). (Authority: 20 U.S.C. 2341a(b)) [57 FR 36735, Aug. 14, 1992, as amended at 59 FR 38513, July 28, 1994] (a) This section applies in any fiscal or program year in which a State reserves 15 percent or less under §403.180(b)(1) for distribution under— (1) The Secondary School Vocational Education Program; or (2) The Postsecondary and Adult Vocational Education Programs. (b) Notwithstanding the provisions and §403.112, §403.113, or §403.116, as applicable, in order to result in a more equitable distribution of funds for programs serving the highest numbers of economically disadvantaged individuals, the State may distribute the funds described in paragraph (a) of this section— (1) On a competitive basis; or (2) Through any alternative method determined by the State. (Authority: 20 U.S.C. 2341b) (a) In any fiscal or program year that an LEA, area vocational school, intermediate school district, or consortium of those entities, or an eligible institution, or consortium of eligible institutions, does not obligate all of the amounts it is allocated for that year under the Secondary School Vocational Education Program or the Postsecondary and Adult Vocational Education Programs, the LEA, area vocational education school, intermediate school district, or consortium of those entities, or the eligible institution, or consortium of eligible institutions, shall return any unobligated amounts to the State to be reallocated under §403.112(b), §403.113, or §403.116(b), as applicable. (b) In any fiscal or program year in which amounts allocated under §403.112(b), §403.113, §403.116(b), or §403.118 are returned to the State and the State is unable to reallocate those amounts according to those sections in time for the amounts to be obligated in the fiscal or program year, the State shall retain the amounts to be distributed in combination with amounts reserved under §403.112(b), §403.113, §403.116(b), or §403.118 for the following fiscal or program year. (Authority: 20 U.S.C. 2341c) [57 FR 36735, Aug. 14, 1992, as amended at 59 FR 38513, July 28, 1994]
Title 34: Education
PART 403—STATE VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION PROGRAM
Section Contents
§ 403.1 What is the State Vocational and Applied Technology Education Program?
§ 403.2 Who is eligible for an award?
§ 403.3 What regulations apply?
§ 403.4 What definitions apply?
§ 403.10 What is the State board?
§ 403.11 What are the principal responsibilities of the State board?
§ 403.12 What are the additional responsibilities of the State board?
§ 403.13 What are the personnel requirements regarding the elimination of sex discrimination and sex stereotyping?
§ 403.14 What are the personnel requirements regarding coordination with services for individuals with disabilities?
§ 403.15 What are the personnel requirements regarding coordination with services under chapter 1 of title I of the Elementary and Secondary Education Act?
§ 403.16 What are the personnel requirements regarding coordination with programs for individuals of limited English proficiency?
§ 403.17 What are the State's responsibilities regarding a State council on vocational education?
§ 403.18 What are the membership requirements of a State council on vocational education?
§ 403.19 What are the responsibilities of a State council on vocational education?
§ 403.30 What documents must a State submit to receive a grant?
§ 403.31 How is the State plan developed?
§ 403.32 What must the State plan contain?
§ 403.33 What procedures does a State use to submit its State plan?
§ 403.34 When are amendments to the State plan required?
§ 403.50 How does the Secretary make allotments?
§ 403.51 How does the Secretary make reallotments?
§ 403.52 When does the Secretary approve State plans and amendments?
General
§ 403.60 What are the basic programs?
§ 403.61 What projects, services, and activities are permissible under the basic programs?
§ 403.62 What administrative provisions apply?
§ 403.63 How does a State carry out the State Vocational and Applied Technology Education Program?
State Programs and State Leadership Activities
§ 403.70 How must funds be used under the State Programs and State Leadership Activities?
§ 403.71 In what additional ways may funds be used under the State Programs and State Leadership Activities?
Single Parents, Displaced Homemakers, and Single Pregnant Women Program
§ 403.80 Who is eligible for a subgrant or contract?
§ 403.81 How must funds be used under the Single Parents, Displaced Homemakers, and Single Pregnant Women Program?
§ 403.82 In what settings may the Single Parents, Displaced Homemakers, and Single Pregnant Women Program be offered?
Sex Equity Program
§ 403.90 Who is eligible for a subgrant or contract?
§ 403.91 How must funds be used under the Sex Equity Program?
§ 403.92 Under what circumstances may the age limit under the Sex Equity Program be waived?
Programs for Criminal Offenders
§ 403.100 What are the requirements for designating a State corrections educational agency to administer the Programs for Criminal Offenders?
§ 403.101 How must funds be used under the Programs for Criminal Offenders?
§ 403.102 What other requirements apply to the Program for Criminal Offenders?
Secondary, Postsecondary, and Adult Vocational Education Programs
§ 403.110 Who is eligible for a subgrant or contract?
§ 403.111 How must funds be used under the Secondary School Vocational Education Program and the Postsecondary and Adult Vocational Education Programs?
§ 403.112 How does a State allocate funds under the Secondary School Vocational Education Program to local educational agencies?
§ 403.113 How does a State allocate funds under the Secondary School Vocational Education Program to area vocational education schools and intermediate educational agencies?
§ 403.114 How does a State determine the number of economically disadvantaged students attending vocational education programs under the Secondary School Vocational Education Program?
§ 403.115 What appeal procedures must be established under the Secondary School Vocational Education Program?
§ 403.116 How does a State allocate funds under the Postsecondary and Adult Vocational Education Programs?
§ 403.117 What definitions apply to the Postsecondary and Adult Vocational Education Programs?
§ 403.118 Under what circumstances may the Secretary waive the distribution requirements for the Postsecondary and Adult Vocational Education Programs?
§ 403.119 Under what circumstances may the State waive the distribution requirements for Secondary School Vocational Education Program or the Postsecondary and Adult Vocational Education Programs?
§ 403.120 How does a State reallocate funds under the Secondary School Vocational Education Program and the Postsecondary and Adult Vocational Education Programs?
General
§ 403.130 What are the Special Programs?
§ 403.131 Who is eligible for an award under the Special Programs?
Vocational Education Support Programs by Community-Based Organizations
§ 403.140 What activities does the Secretary support under the State Assistance for Vocational Education Support Programs by Community-Based Organizations?
§ 403.141 What are the application requirements for the State Assistance for Vocational Education Support Programs by Community-Based Organizations?
Consumer and Homemaking Education Programs
§ 403.150 What activities does the Secretary support under the Consumer and Homemaking Education Programs?
§ 403.151 How must funds be used under the Consumer and Homemaking Education Programs?
Comprehensive Career Guidance and Counseling Programs
§ 403.160 What activities does the Secretary support under the Comprehensive Career Guidance and Counseling Programs?
§ 403.161 How must funds be used under the Comprehensive Career Guidance and Counseling Programs?
Business-Labor-Education Partnership for Training Program
§ 403.170 What activities does the Secretary support under the Business-Labor-Education Partnership for Training Program?
§ 403.171 Who is eligible to apply to a State board for an award?
§ 403.172 What special considerations must the State board give in approving projects, services, and activities?
§ 403.173 What expenses are allowable?
§ 403.174 What additional fiscal requirements apply to the Business-Labor-Education Partnership for Training Program?
§ 403.180 How must a State reserve funds for the basic programs?
§ 403.181 What are the cost-sharing requirements applicable to the basic programs?
§ 403.182 What is the maintenance of fiscal effort requirement?
§ 403.183 Under what circumstances may the Secretary waive the maintenance of effort requirement?
§ 403.184 How does a State request a waiver of the maintenance of effort requirement?
§ 403.185 How does the Secretary compute maintenance of effort in the event of a waiver?
§ 403.186 What are the administrative cost requirements applicable to a State?
§ 403.187 How may a State provide technical assistance?
§ 403.188 What is a State's responsibility for the cost of services and activities for members of special populations?
§ 403.190 What are the requirements for receiving a subgrant or contract?
§ 403.191 What are the requirements for program evaluation?
§ 403.192 What are the requirements for program improvement?
§ 403.193 What are the information requirements regarding special populations?
§ 403.194 What are the comparability requirements?
§ 403.195 What are the administrative cost requirements applicable to local recipients?
§ 403.196 What are the requirements regarding supplanting?
§ 403.197 What are the requirements for the use of equipment?
§ 403.200 What are the State's responsibilities for ensuring compliance with the comparability requirements?
§ 403.201 What are the State's responsibilities for developing and implementing a statewide system of core standards and measures of performance?
§ 403.202 What must each State's system of core standards and measures of performance include?
§ 403.203 What are the State's responsibilities for a State assessment?
§ 403.204 What are the State's responsibilities for program evaluation and improvement?
§ 403.205 What are the State's responsibilities for members of special populations?
§ 403.206 What are the State's responsibilities regarding a State occupational information coordinating committee?
§ 403.207 What are the State's responsibilities to the National Center or Centers for Research in Vocational Education?
§ 403.208 What are the requirements regarding supplanting?
Appendix A to Part 403—Examples for 34 CFR
Appendix B to Part 403—Examples for 34 CFR 403.194—Comparability Requirements
Subpart A—General
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§ 403.1 What is the State Vocational and Applied Technology Education Program?
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§ 403.2 Who is eligible for an award?
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§ 403.3 What regulations apply?
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§ 403.4 What definitions apply?
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Subpart B—What Are the State's Organizational and Planning Responsibilities?
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§ 403.10 What is the State board?
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§ 403.11 What are the principal responsibilities of the State board?
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§ 403.12 What are the additional responsibilities of the State board?
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§ 403.13 What are the personnel requirements regarding the elimination of sex discrimination and sex stereotyping?
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§ 403.14 What are the personnel requirements regarding coordination with services for individuals with disabilities?
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§ 403.15 What are the personnel requirements regarding coordination with services under chapter 1 of title I of the Elementary and Secondary Education Act?
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§ 403.16 What are the personnel requirements regarding coordination with programs for individuals of limited English proficiency?
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§ 403.17 What are the State's responsibilities regarding a State council on vocational education?
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§ 403.18 What are the membership requirements of a State council on vocational education?
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§ 403.19 What are the responsibilities of a State council on vocational education?
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Subpart C—How Does A State Apply for a Grant?
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§ 403.30 What documents must a State submit to receive a grant?
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§ 403.31 How is the State plan developed?
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§ 403.32 What must the State plan contain?
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§ 403.33 What procedures does a State use to submit its State plan?
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§ 403.34 When are amendments to the State plan required?
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Subpart D—How Does the Secretary Make a Grant to a State?
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§ 403.50 How does the Secretary make allotments?
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§ 403.51 How does the Secretary make reallotments?
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§ 403.52 When does the Secretary approve State plans and amendments?
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Subpart E—What Kinds of Activities Does the Secretary Assist Under the Basic Programs?
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General
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§ 403.60 What are the basic programs?
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§ 403.61 What projects, services, and activities are permissible under the basic programs?
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§ 403.62 What administrative provisions apply?
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§ 403.63 How does a State carry out the State Vocational and Applied Technology Education Program?
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State Programs and State Leadership Activities
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§ 403.70 How must funds be used under the State Programs and State Leadership Activities?
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§ 403.71 In what additional ways may funds be used under the State Programs and State Leadership Activities?
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Single Parents, Displaced Homemakers, and Single Pregnant Women Program
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§ 403.80 Who is eligible for a subgrant or contract?
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§ 403.81 How must funds be used under the Single Parents, Displaced Homemakers, and Single Pregnant Women Program?
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§ 403.82 In what settings may the Single Parents, Displaced Homemakers, and Single Pregnant Women Program be offered?
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Sex Equity Program
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§ 403.90 Who is eligible for a subgrant or contract?
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§ 403.91 How must funds be used under the Sex Equity Program?
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§ 403.92 Under what circumstances may the age limit under the Sex Equity Program be waived?
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Programs for Criminal Offenders
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§ 403.100 What are the requirements for designating a State corrections educational agency to administer the Programs for Criminal Offenders?
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§ 403.101 How must funds be used under the Programs for Criminal Offenders?
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§ 403.102 What other requirements apply to the Program for Criminal Offenders?
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Secondary, Postsecondary, and Adult Vocational Education Programs
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§ 403.110 Who is eligible for a subgrant or contract?
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§ 403.111 How must funds be used under the Secondary School Vocational Education Program and the Postsecondary and Adult Vocational Education Programs?
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§ 403.112 How does a State allocate funds under the Secondary School Vocational Education Program to local educational agencies?
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§ 403.113 How does a State allocate funds under the Secondary School Vocational Education Program to area vocational education schools and intermediate educational agencies?
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§ 403.114 How does a State determine the number of economically disadvantaged students attending vocational education programs under the Secondary School Vocational Education Program?
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§ 403.115 What appeal procedures must be established under the Secondary School Vocational Education Program?
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§ 403.116 How does a State allocate funds under the Postsecondary and Adult Vocational Education Programs?
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§ 403.117 What definitions apply to the Postsecondary and Adult Vocational Education Programs?
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§ 403.118 Under what circumstances may the Secretary waive the distribution requirements for the Postsecondary and Adult Vocational Education Programs?
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§ 403.119 Under what circumstances may the State waive the distribution requirements for Secondary School Vocational Education Program or the Postsecondary and Adult Vocational Education Programs?
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§ 403.120 How does a State reallocate funds under the Secondary School Vocational Education Program and the Postsecondary and Adult Vocational Education Programs?
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Subpart F—What Kinds of Activities Does the Secretary Assist Under the Special Programs?
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General