1995 US Code
Title 20 - EDUCATION
CHAPTER 43 - AMERICAN FOLKLIFE PRESERVATION
Part B - State Organizational and Planning Responsibilities
Sec. 2323 - State plan

View Metadata

§2323. State plan (a) In general

(1)(A) Any State desiring to receive funds from its allotment for any fiscal year shall submit to the Secretary a State plan for a 3-year period, in the case of the initial plan, and a 2-year period thereafter, together with such annual revisions as the State board determines to be necessary.

(B) The planning periods required by subparagraph (A) shall be coterminous with the planning program periods required under section 104(a) of the Job Training Partnership Act [29 U.S.C. 1514(a)].

(2)(A) In formulating the State plan (and amendments thereto), the State board shall meet with and utilize the State council established pursuant to section 2322 of this title.

(B) The State board shall conduct public hearings in the State, after appropriate and sufficient notice, 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. A summary of such recommendations and the State board's response shall be included with the State plan.

(3) In developing the State plan, the State shall conduct an assessment according to section 2326 of this title. Such assessment shall include analysis of—

(A) the relative academic, occupational, training, and retraining needs of secondary, adult, and postsecondary students; and

(B) the capability of vocational education programs to provide vocational education students, to the extent practicable, with—

(i) strong experience in and understanding of all aspects of the industry the students are preparing to enter (including planning, management, finances, technical and production skills, underlying principles of technology, labor and community issues, and health, safety, and environmental issues); and

(ii) strong development and use of problem-solving skills and basic and advanced academic skills (including skills in the areas of mathematics, reading, writing, science, and social studies) in a technological setting.

(b) Contents

Each State plan shall—

(1) describe the procedures and the results of each of the assessments required by section 2326(a) of this title, including the needs identified by such assessments;

(2) describe how uses of funds reflect the needs described in paragraph (1);

(3) provide assurances that, and where necessary a description of the manner in which, eligible recipients will comply with the requirements of subchapters I and II of this chapter, including—

(A) a description of the manner in which the State will comply with the criteria required for programs for individuals who are members of special populations and a description of the responsiveness of such programs to the special needs of such students;

(B) assurances that the State board will develop measurable goals and accountability measures for meeting the needs of individuals who are members of special populations;

(C) assurances that the State board will conduct adequate monitoring of programs conducted by eligible recipients to ensure that programs within the State are meeting the goals described in subparagraph (B); and

(D) assurances that, to the extent consistent with the number and location of individuals who are members of special populations who are enrolled in private secondary schools, provision is made for the participation of such individuals in the vocational education programs assisted under section 2341 of this title;

(4) describe the estimated distribution of funds to corrections educational agencies as prescribed by section 2336 of this title, the estimated distribution of funds to local educational agencies, area vocational education schools, or intermediate educational agencies as prescribed by section 2341 of this title, and the planned estimated distribution of funds to eligible institutions as prescribed by section 2341a of this title;

(5) provide assurances that the State will comply with the provisions of section 2312 of this title, including assurances that the State will distribute not less than 75 percent of the funds made available for subchapter II of this chapter to eligible recipients pursuant to such subchapter;

(6) describe the criteria the State board will use—

(A) in approving applications of eligible recipients; and

(B) for spending the amounts reserved for the State under paragraphs (2) through (5) of section 2312(a) of this title;

(7) describe 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;

(8) provide assurances that 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 section 2325 of this title;

(9) describe, in each State plan submitted after the fiscal year 1991, the progress the State has made in achieving the goals described in previous State plans;

(10) provide such methods of administration as are necessary for the prompt and efficient administration of programs under this chapter;

(11) provide assurances that, in the use of funds available for single parents, displaced homemakers, and single pregnant women under section 2335 of this title, the State will emphasize assisting individuals with the greatest financial need, and that the State will give special consideration to displaced homemakers who because of divorce, separation, or the death or disability of a spouse must prepare for paid employment;

(12) provide assurances that 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;

(13) describe how the State is implementing performance evaluations with eligible recipients as prescribed in section 2327 of this title;

(14) describe the methods proposed for the joint planning and coordination of programs carried out under this chapter with programs conducted under the Job Training Partnership Act [29 U.S.C. 1501 et seq.], the Adult Education Act [20 U.S.C. 1201 et seq.], title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.], the Education of the Handicapped Act [20 U.S.C. 1400 et seq.], and the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], and with apprenticeship programs;

(15) provide assurances that programs of personnel development and curriculum development shall be funded to further the goals identified in the State plan;

(16) provide assurances that the vocational education needs of identifiable segments of the population in the State that have the highest rates of unemployment have been thoroughly assessed, and that such needs are reflected in and addressed by the State plan;

(17) provide assurances that the State board will cooperate with the State council in carrying out the Board's duties under this part;

(18) provide assurances that none of the funds expended under this chapter will be used to acquire equipment (including computer software) in any instance in which such 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;

(19) provide assurances that State and local funds will be used in the schools of each local educational agency that are receiving funds under this chapter to provide services which, taken as a whole, are at least comparable to services being provided in schools in such agency which are not receiving such funds;

(20)(A) provide assurances that the State will provide leadership, supervision, and resources for comprehensive career guidance, vocational counseling, and placement programs;

(B) as a component of the assurances described in subparagraph (A), annually assess and report on the degree to which expenditures aggregated within the State for career guidance and vocational counseling from allotments under subchapter II of this chapter are not less than such expenditures for such guidance and counseling within the State in the fiscal year 1988;

(21) provide assurances that the State will provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of, and accounting for, Federal funds paid to the State (including such funds paid by the State to eligible recipients under this chapter);

(22) provide procedures by which an area vocational education school, intermediate educational agency, or local educational agency may appeal decisions adverse to its interests with respect to programs assisted under this chapter; and

(23) describe how the State will comply with the provisions of section 2328 of this title.

(c) Amendments to State plan

When changes in program conditions, labor market conditions, funding, or other factors require substantial amendment to an approved State plan, the State board, in consultation with the State council, shall submit amendments to such State plan to the Secretary. Any such amendments shall be subject to review by the State job training coordinating council and the State council.

(Pub. L. 88–210, title I, §113, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2445; amended Pub. L. 99–159, title VII, §§704, 713(a)(1), (2), Nov. 22, 1985, 99 Stat. 905, 907; Pub. L. 101–392, title I, §113, Sept. 25, 1990, 104 Stat. 766; Pub. L. 101–476, title IX, §901(a)(2), Oct. 30, 1990, 104 Stat. 1142; Pub. L. 103–382, title III, §391(s)(2), Oct. 20, 1994, 108 Stat. 4024.)

References in Text

The Job Training Partnership Act, referred to in subsec. (b)(14), is Pub. L. 97–300, Oct. 13, 1982, 96 Stat. 1322, as amended, which is classified generally to chapter 19 (§1501 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of Title 29 and Tables.

The Adult Education Act, referred to in subsec. (b)(14), is title III of Pub. L. 89–750, Nov. 3, 1966, 80 Stat. 1216, as amended, which is classified generally to chapter 30 (§1201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1201 of this title and Tables.

The Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(14), 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.

The Education of the Handicapped Act, referred to in subsec. (b)(14), 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. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (b)(14), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, as amended, which is classified generally to chapter 16 (§701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

Amendments

1994—Subsec. (b)(14). Pub. L. 103–382 substituted “title I” for “chapter 1 of title I”.

1990—Pub. L. 101–392 amended section generally, substituting provisions relating to types of analysis to include in State's assessment of State plan for provisions relating to types of assessments State was to make in development of State plan, amending list of descriptions and assurances to be provided in State plan, and deleting requirement that Secretary approve State plan amendments.

Subsec. (b)(10). Pub. L. 101–476 substituted “Individuals with Disabilities Education Act” for “Education of the Handicapped Act”.

1985—Subsec. (b)(9)(C). Pub. L. 99–159, §704, substituted “the projects, services, and activities supported under this chapter of not less than 20 percent of the participating eligible recipients within the State in each fiscal year” for “not less than 20 percent of the eligible recipients assisted within the State in each fiscal year”.

Subsec. (b)(10). Pub. L. 99–159, §713(a)(1), inserted “of 1981” after “Education Consolidation and Improvement Act”.

Subsec. (b)(11). Pub. L. 99–159, §713(a)(2), inserted “provide assurances” before “that”.

Effective Date of 1990 Amendments

Amendment by Pub. L. 101–476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101–476, set out as a note under section 1087ee of this title.

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.

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–159 effective July 1, 1985, see section 714(a) of Pub. L. 99–159, set out as a note under section 2311 of this title.

Section Referred to in Other Sections

This section is referred to in sections 2321, 2322 of this title; title 29 section 1532.