1995 US Code
Title 20 - EDUCATION
CHAPTER 43 - AMERICAN FOLKLIFE PRESERVATION
Part B - State Organizational and Planning Responsibilities
Sec. 2321 - State administration

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§2321. State administration (a) Establishment of board; administrative responsibilities; delegation of functions

(1) Any State desiring to participate in the vocational education program authorized by this chapter shall, consistent with State law, designate or establish a State board of vocational education which shall be the sole State agency responsible for the administration or the supervision of the State vocational education program. The responsibilities of the State board shall include—

(A) coordination of the development, submission, and implementation of the State plan, and the evaluation of the program, services, and activities assisted under this chapter pursuant to section 2323(b)(8) of this title, section 2326 of this title, and section 2327 of this title; and 1

(B) the development, in consultation with the State council on vocational education, and the submission to the Secretary, of the State plan required by section 2323 of this title and by section 2324 of this title;

(C) consultation with the State council established pursuant to section 2322 of this title, and other appropriate agencies, groups, and individuals, including business, industry, and labor, involved in the planning, administration, evaluation, and coordination of programs funded under this chapter;

(D) convening and meeting as a State board (consistent with State law and procedure for the conduct of such meetings) at such time as the State board determines necessary to carry out its functions under this chapter, but not less than four times annually; and

(E) the adoption of such procedures as the State board considers necessary to implement State level coordination with the State job training coordinating council to encourage cooperation in the conduct of their respective programs.

Except with respect to the functions set forth in the preceding sentence, the State board may delegate any of its other responsibilities involving administration, operation, or supervision, in whole or in part, to one or more appropriate State agencies.

(2) Each State shall include a description of any delegation of its functions under paragraph (1) in its State plan, or amendments to such plan, submitted to the Secretary.

(b) Assignment of personnel by State; functions of personnel; implementing funds; “State” defined

(1) Any State desiring to participate in the programs authorized by this chapter shall assign one individual within the appropriate agency established or designated by the State board under the last sentence of subsection (a)(1) of this section to administer vocational education programs within the State, to work full time to assist the State board to fulfill the purposes of this chapter by—

(A) administering the program of vocational education for single parents and homemakers described in section 2335 of this title and the sex equity program described in section 2335a of this title;

(B) gathering, analyzing, and disseminating data on the adequacy and effectiveness of vocational education programs in the State in meeting the education and employment needs of women (including preparation for employment in technical occupations, new and emerging occupational fields, and occupations regarded as nontraditional for women), and on the status of men and women students and employees in such programs;

(C) 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;

(D) reviewing vocational education programs (including career guidance and counseling) for sex stereotyping and sex bias, with particular attention to practices which tend to inhibit the entry of women in high technology occupations, and submitting (i) recommendations for inclusion in the State plan of programs and policies to overcome sex bias and sex stereotyping in such programs, and (ii) an assessment of the State's progress in meeting the purposes of this chapter with regard to overcoming sex discrimination and sex stereotyping;

(E) 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 this chapter;

(F) 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);

(G) providing technical assistance and advice to local educational agencies, postsecondary institutions, and other interested parties in the State, in expanding vocational opportunities for women;

(H) 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;

(I) developing an annual plan for the use of all funds available for such programs;

(J) managing the distribution of funds pursuant to section 2335b of this title;

(K) monitoring the use of funds distributed to recipients under such programs; and

(L) evaluating the effectiveness of programs and activities supported by such funds.

(2) For the purpose of this subsection, the term “State” means any one of the fifty States and the District of Columbia.

(3) Each State shall from funds allocated under section 2312(a)(4)(A) of this title expend not less than ,000 in each fiscal year to carry out the provisions of this subsection.

(c) Review of plans with respect to students with handicaps

(1) Any State desiring to participate in the programs authorized by this chapter shall designate or assign the head of the State office responsible for administering part B of the Education of the Handicapped Act [20 U.S.C. 1411 et seq.] to review the implementation of the provisions of this chapter as such provisions relate to students with handicaps by reviewing all or a representative sample of plans of eligible recipients to—

(A) assure that individuals with handicaps are receiving vocational educational services;

(B) assure that the plans of the eligible recipient provide assurances of compliance with the provisions of section 794 of title 29 and the Education of 2 Handicapped Act [20 U.S.C. 1400 et seq.] regarding equal access to programs; and

(C) assure that the eligible recipients have—

(i) identified the number of students with handicaps enrolled in vocational programs operated by the eligible recipient;

(ii) assessed the vocational needs of the students identified pursuant to clause (i); and

(iii) developed an adequate plan to provide supplementary services sufficient to meet the needs of such students.

(2) For purposes of this subsection and subsections (d) and (e) of this section, the term “State” means any 1 of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

(d) Needs of economically disadvantaged students

Any State desiring to participate in the programs authorized by this chapter shall assign the head of the State office or other appropriate individual responsible for coordinating services under title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] to review all or a representative sample of plans of the eligible recipients to ensure that the number of economically disadvantaged students have been identified, and that the needs of such students are being met as outlined by such plans.

(e) Needs of students of limited English proficiency

Any State desiring to participate in the programs authorized by this chapter 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 the plans of the eligible recipients to ensure the numbers of students of limited English proficiency have been identified and that the needs of such students for participation in vocational education programs are being met as outlined by such plans.

(f) Program listing; availability to private industry councils

The State board shall make available to each private industry council established under section 102 of the Job Training Partnership Act [29 U.S.C. 1512] within the State a listing of all programs assisted under this chapter.

(g) Technical committees; procedures established by State board; membership

Each State board, in consultation with the State council, shall establish a limited number of technical committees to advise the council and the board on the development of model curricula to address State labor market needs. Technical committees shall develop an inventory of skills that may be used by the State board to define state-of-the-art model curricula. Such inventory will provide the type and level of knowledge and skills needed for entry, retention, and advancement in occupational areas taught in the State. The State board shall establish procedures for membership, operation, and duration of such committees consistent with the purposes of this chapter. The membership shall be representatives of (1) employers from any relevant industry or occupation for which the committee is established; (2) trade or professional organizations representing any relevant occupations; and (3) organized labor, where appropriate.

(Pub. L. 88–210, title I, §111, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2441; amended Pub. L. 101–392, title I, §111, Sept. 25, 1990, 104 Stat. 763; Pub. L. 103–382, title III, §391(s)(1), Oct. 20, 1994, 108 Stat. 4024.)

References in Text

The Education of the Handicapped Act, referred to in subsec. (c)(1), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended, known as the Individuals with Disabilities Education Act, which is classified generally to chapter 33 (§1400 et seq.) of this title. Part B of the Act is classified generally to subchapter II (§1411 et seq.) of chapter 33 of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

The Elementary and Secondary Education Act of 1965, referred to in subsec. (d), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended generally by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3519. Title I of the Act is classified generally to subchapter I (§6301 et seq.) of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.

Amendments

1994—Subsec. (d). Pub. L. 103–382 substituted “title I” for “chapter 1 of title I”.

1990—Subsec. (a)(1)(A). Pub. L. 101–392, §111(1), substituted “section 2323(b)(8) of this title, section 2326 of this title, and section 2327 of this title” for “section 2323(b)(9) of this title”.

Subsec. (a)(1)(C). Pub. L. 101–392, §111(2), inserted “, including business, industry, and labor,” before “involved”.

Subsec. (b)(1)(A). Pub. L. 101–392, §111(3)(A), substituted “section 2335 of this title” for “section 2331(f) of this title” and “section 2335a of this title” for “section 2331(g) of this title”.

Subsec. (b)(1)(C) to (L). Pub. L. 101–392, §111(3)(B)–(F), added subpars. (C) and (I) to (L) and redesignated former subpars. (C) to (G) as (D) to (H), respectively.

Subsec. (b)(3). Pub. L. 101–392, §111(4), inserted “from funds allocated under section 2312(a)(4)(A) of this title” before “expend”.

Subsecs. (c) to (g). Pub. L. 101–392, §111(5)–(7), added subsecs. (c) to (e), redesignated former subsecs. (c) and (d) as (f) and (g), respectively, and struck out former subsec. (e) which required that imposition of any State rule or policy relating to administration and operation of programs funded by this chapter (including any rule or policy based on State interpretation of any Federal law, regulation, or guideline) had to be identified as State imposed requirement.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–392 effective July 1, 1991, see section 702(a) of Pub. L. 101–392, set out as a note under section 2301 of this title.

Section Referred to in Other Sections

This section is referred to in sections 2312, 2325, 2335a, 2335b, 2362, 2395d, 2441, 6123, 6143, 6193 of this title; title 29 sections 1532, 1697.

1 So in original. The word “and” probably should not appear.

2 So in original. Probably should be “of the”.