title VI of the Civil Rights Act of 1964, approved July 2, 1964 (Public Law 88352, 78 Stat. 252, 42 U.S.C. 2000d et seq.). Section 601 of that Act provides that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Therefore, Federal financial assistance pursuant to this part is subject to the regulation in Part 80 of this title. § 102.3 Definitions.

(a) "Act" means the Vocational Education Act of 1963, as amended, 20 U.S.C. 1241-1391.

Vocational

education"

(b) "Adult means vocational education which is designed to provide training or retraining to insure stability or advancement in employment of persons who have already entered the labor market and who are either employed or seeking employment.

(c) "Ancillary services and activities" means services and activities necessary to assure quality in vocational education and consumer and homemaking education programs provided for under the Act, the regulations in this part, and the State plan. Such services and activities may include the following:

(1) State administration and leadership as provided for in the State plan pursuant to § 102.35;

(2) Administration and supervision of instructional programs at the local level, including vocational education programs, as provided for in § 102.4(g);

(3) Evaluation of programs under the State plan, as provided for in § 102.36;

(4) Training of teachers and other program personnel as provided for in §§ 102.9 and 102.38(b);

(5) Special demonstration and experimental programs;

(6) Development of curricula and instructional materials; and

(7) Research related to any of the services and activities above.

(d) (1) "Area vocational education school" means any public school or public instution which falls in any one of the following categories:

(i) A specialized high school used exclusively or principally for the provision of vocational education to persons who are available for study in preparation for entering the labor market; or

(ii) The department of a high school exclusively or principally used for pro

viding vocational education in no less than five different occupational fields to persons who are available for study in preparation for entering the labor

market; or

(iii) A technical or vocational school used exclusively or principally for the provision of vocational education to persons who have completed or left high school and who are available for study in preparation for entering the labor market; or

(iv) The department or division of a junior college or community college or university which provides vocational education in no less than five different occupational fields, under the supervision of the State board, leading to immediate employment but not necessarily leading to a baccalaureate degree.

(2) An "area vocational education school" shall be available to all residents of the State or an area of the State designated and approved by the State board. In the case of a technical or vocational school described in subparagraph (1) (iii) of this paragraph or a division of a junior college or community college or university described in subparagraph (1) (iv) of this paragraph, such school must admit as regular students both persons who have completed high school and persons who have left high school. (e) "Commissioner" means the Commissioner of Education, U.S. Department of Health, Education, and Welfare.

(f) "Consumer and homemaking education" means education designed to help individuals and families improve home environments and the quality of personal and family life, and includes instruction in food and nutrition, child development, clothing, housing, family relations, and management of resources with emphasis on selection, use, and care of goods and services, budgeting, and other consumer responsibilities.

(g) "Cooperative vocational education program" means a cooperative workstudy program of vocational education for persons who, through a cooperative arrangement between the school and employers, receive instruction, including required academic courses and related vocational instruction by the alternation of study in school with a job in any occupational field, but these two experiences must be planned and supervised by the school and employers so that each contributes to the student's education and to his employability. Work periods and school attendance may be on alter

nate half-days, full-days, weeks, or other periods of time in fulfilling the cooperative vocational education work-study program.

(h) "Department" means the U.S. Department of Health, Education, and Welfare.

(i) "Disadvantaged persons" means persons who have academic, socioeconomic, cultural, or other handicaps that prevent them from succeeding in vocational education or consumer and homemaking programs designed for persons without such handicaps, and who for that reason require specially designed educational programs or related services. The term includes persons whose needs for such programs or services result from poverty, neglect, delinquency, or cultural or linguistic isolation from the community at large, but does not include physically or mentally handicapped persons (as defined in paragraph (o) of this section) unless such persons also suffer from the handicaps described in this paragraph.

(j) "Employment" means lawful work in a recognized occupation.

(k) "Equipment", as distinguished from supplies and other materials, means a fixed or movable article or set of articles which meets all the following conditions: (1) The article retains its original shape and general appearance with reasonable care and use over a period of at least 1 year; (2) it is nonexpendable, that is, if the article is damaged or some of its parts are lost or worn out, it is usually more feasible to repair it than to replace it with an entirely new unit; and (3) it does not lose its identity through incorporation into a different or more complex unit or substance.

(1) "Fiscal year" means a period beginning on July 1 and ending on the following June 30. A fiscal year is designated in accordance with the calendar year in which the ending date of the fiscal year occurs.

(m) "Funds", unless otherwise specified, means any funds available for expenditure under the State plan, whether derived from Federal allotments under the Act or State or local appropriations or other non-Federal sources. (See § 102.121 for further explanation.)

(n) "Gainful employment" means employment in a recognized or new and emerging occupation for which persons normally receive in cash or in kind a wage, salary, fee, or profit. This term in

cludes employment in sheltered workshops for handicapped persons.

(o) "Handicapped persons" means mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired persons who by reason of their handicapping condition cannot succeed in a vocational or consumer and homemaking education program designed for persons without such handicaps, and who for that reason require special educational assistance or a modified vocational or consumer and homemaking education program.

(p) "High school" or "secondary school" does not include any grade beyond grade 12.

(q) "Local educational agency" means a board of education or other legally constituted local school authority having administrative control and direction of public elementary or secondary schools in a city, county, township, school district, or political subdivision in a State, or any other public educational institution or agency (such as a junior or community college or State-operated area vocational school) having administrative control and direction of a vocational education program. In this part, anything modified by the adjective "local" pertains to a "local educational agency" herein defined.

(r) "Nonprofit," as applied to any school, agency, organization, or institution, means a school, agency, organization, or institution, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(s) "Occupational field" means 8 group of recognized and new and emerging occupations having substantial similarities common to all occupations in the group, e.g., similarity in the work performed; similarity in the abilities and knowledge required of the worker for successful job performance; similarity in the tools, machines, instruments, and other equipment used; and similarity in the basic materials worked on or with. The term is applied, in the case of Federal participation in the construction of an area vocational school, to determine whether a department of a certain type of high school, or a department or division of a junior college, community college, or university provides "vocational education in no less than five different occupational fields." (See paragraph

(d) (1) of this section.) The purpose is to assure that such schools will have offerings that will afford prospective students of varying interests a reasonably broad choice of the type of occupation for which they are to be trained. Determinations of what is an "occupational field" will be made in the light of this purpose.

(t) "Postsecondary vocational education" means vocational education which is designed primarily for youth or adults who have completed or left high school and who are available for an organized program of study in preparation for entering the labor market. Such education may be provided in schools or institutions such as business or trade schools, technical institutions, or other technical or vocational schools; and departments of colleges and universities, junior or community colleges, and other schools offering vocational education, particularly technical education, beyond grade 12. The term shall not be limited to vocational education at the level beyond grade 12 if the vocational education needs of the persons to be served, particularly high school dropouts, require vocational education at a lower grade level. Anything modified by the adjective "postsecondary" pertains to postsecondary vocational education as herein defined.

(u) "Recognized occupation" or "new and emerging occupation” means a lawful occupation that has been identified or is identifiable by employers, employee groups and governmental and nongovernmental agencies and institutions concerned with the definition and classification of occupations.

(v) "School facilities" means the faIcilities of an area vocational education school, including:

(1) Instructional and auxiliary rooms and space necessary to operate a program of vocational instruction at normal capacity (in accordance with the State plan and the laws and customs of the State), such as classrooms, libraries, laboratories, workshops, cafeterias, office space, and utility space. This would not include facilities intended primarily for events for which admission is to be charged to the public such as singlepurpose auditoriums, indoor arenas, or outdoor stadiums.

(2) Initial equipment of the school facilities described in subparagraph (1) of this paragraph, such as all necessary building fixtures and utilities, furnish

ings (including conventional classroom and office furniture), and instructional equipment as described in § 102.134 (d) (1).

(i) In connection with the erection of new or the expansion of existing facilities, initial equipment shall include only that equipment which must be placed in the proposed facility to accommodate the type of instruction or other vocational education purpose for which the facility is designed.

(ii) In connection with the acquisition, remodeling, and alteration of existing facilities, initial equipment also may include equipment installed to replace obsolete or worn-out equipment. Any reimbursement for salvage or trade-in value of any such equipment shall be deducted in computing the cost of such replacement equipment to be included in the construction costs of a proposed project.

(3) Interests, whether in fee, leasehold, or otherwise, in land on which such facilities are to be constructed.

(w) "State" means a State of the Union, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

(x) "State board" means a State board designated or created by State law as the sole State agency responsible for the administration of vocational education, or for supervision of the administration thereof by local educational agencies in the State, and designated pursuant to § 102.32.

(y) "State plan" means that plan submitted by a State board pursuant to the Act and the regulations in this part in order to be eligible to receive Federal funds allotted to the State. Such plan shall include both long-range and annual program plans pursuant to §§ 102.33 and 102.34.

(z) "State research coordination unit” means a unit in a State agency or institution designated by the State board in its State plan pursuant to § 102.71 as the coordination unit for vocational education research and personnel training programs; developmental, experimental, or pilot programs; and dissemination activities in vocational education, including those programs supported with funds under section 131(b) of the Act.

(aa) "Vocational education" means programs, services, or activities related to vocational or technical training or retraining provided under the Act, the

regulations in this part, and the State plan. In this part, anything modified by the adjective "vocational" pertains to "Vocational education" as herein defined. Such programs, services, and activities shall include:

(1) Vocational instruction meeting the standards and requirements of § 102.4;

(2) Vocational guidance and counseling meeting the standards and requirements of § 102.8; and

(3) Training of teachers and other vocational education personnel meeting the standards and requirements of § 102.9. § 102.4 Vocational instruction.

(a) Arrangements for instruction. (1) Vocational instruction shall be provided either under public supervision or control meeting the criteria of subparagraph (2) of this paragraph, or under contract with the State board or a local educational agency as provided for in § 102.5.

(2) To be under "public supervision and control," a school or class must be organized and operated under the direction of the State board or a local educational agency responsible for expenditure of public school funds for vocational education in the State.

(b) Objective of instruction. (1) Vocational instruction shall be designed to

(i) Prepare individuals for gainful employment as semiskilled or skilled workers or technicians or semiprofessionals in recognized occupations and in new or emerging occupations, or

(ii) Prepare individuals for enrollment in advanced or highly skilled vocational and technical education programs, or

(iii) Assist individuals in the making of informed and meaningful occupational choices, or

(iv) Achieve any con.bination of the above objectives.

(2) Vocational instruction with the objective specified in subparagraph (1) (i) of this paragraph shall include:

(i) Instruction related to the occupation or occupations for which the students are in training; that is, instruction which is designed upon its completion to fit individuals for employment in a specific occupation or a cluster of closely related occupations in an occupational field, and which is especially and particularly suited to the needs of those engaged in or preparing to engage in such occupation or occupations. Such instruction shall include classroom re

lated academic and technical instruction and field, shop, laboratory, cooperative work, apprenticeship, or other occupational experience, and may be provided either to

(a) Those preparing to enter an occupation upon the completion of the instruction, or

(b) Those who have already entered an occupation but desire to upgrade or update their occupational skills and knowledge in order to achieve stability or advancement in employment.

(ii) Instruction necessary for vocational students to benefit from instruction described in subdivision (i) of this subparagraph; that is, remedial or other instruction which is designed to enable individuals to profit from instruction related to the occupation or occupations for which they are being trained by correcting whatever educational deficiencies or handicaps prevent them from benefiting from such instruction.

(3) Pretechnical vocational instruction with the objective specified in subparagraph (1)(ii) of this paragraph shall include instruction of the type described in subparagraph (2) of this paragraph, except that such instruction need not be designed to fit individuals for employment in a specific occupation, but must be primarily designed to prepare individuals for enrollment in advanced or highly skilled postsecondary and technical education programs having the objective specified in subparagraphs (1) (i) of this paragraph. It shall not include instruction which is primarily designed to prepare individuals for higher education, or for professional training of the type described in paragraph (c) (2) of this section, and which is only incidentally designed for individuals preparing for technical education.

(4) Prevocational instruction with the objective specified in subparagraph (1) (iii) of this paragraph shall include instruction designed to familiarize individuals with the broad range of occupations for which special skills are required and the requisites for careers in such occupations.

(c) Noneligible instruction-(1) General. Funds under the Act shall not be available for instruction in general education subjects unless such subjects have objectives specified in paragraph (b) of this section. However, a program of vocational instruction under the State plan may be supplemented with such other general education subjects supported

with funds from other sources as may be necessary to develop a well-rounded individual.

(2) Professional. Funds under the Act shall not be available for instruction which is designed to fit individuals for employment in recognized occupations which are generally considered to be professional or as requiring a baccalaureate or higher degree. The Commissioner has determined and specified the following as examples of occupations which are generally considered professional or as requiring a baccalaureate or higher degree, and are therefore excluded from those occupations for which instruction may be provided:

Accountants and auditors.
Actors and actresses.

Architects, artists, and sculptors.
Athletes, professional.

Authors, editors, and reporters.

Clergymen.

Engineers, professional.

Lawyers.

Librarians, archivists, and curators.

Life scientists, including agronomists, biologists, and psychologists. Mathematicians.

Medical and health professions, including physicians, surgeons, dentists, osteopaths, veterinarians, pharmacists, and professional nurses.

Musicians.

Physical scientists, including chemists, physicists, and astronomers.

Social and welfare workers.

Social scientists, including economists, historians, political scientists, and sociologists. Teachers and other educators.

The above is not intended to exclude from vocational instruction those semiprofessional, technical, or other occupations which are related to those listed, but which do not themselves require a baccalaureate degree.

(d) Access to vocational instruction offered. (1) In determining which individuals shall have access to programs of vocational instruction offered within the State, consideration will be given to all individuals residing in the State. If it is not economically or administratively feasible to provide each type of program in all areas and communities of the State served by a local educational agency, individuals residing in an area or community served by one local educational agency shall be permitted to enroll, in accordance with policies and procedures established by the State board or the local educational agencies involved, in a program of instruction offered by an

other local educational agency, so long as

(i) The local educational agency serving the area or community in which the individual resides does not offer a reasonably comparable type of program.

(ii) Facilities are reasonably available for additional enrollees in the program offered by the receiving local educational agency.

(2) To the extent that facilities are available, each type of program of vocational instruction offered by the State board shall be made available to all individuals residing in the State, and each program of instruction offered by a local educational agency shall be made available to all individuals residing in the district or community served by the local educational agency offering such instruction. The fact that an individual resides in a certain attendance area within such district or community shall not preclude his access to a program of instruction available to other individuals residing in other attendance areas within the district or community, if access to a reasonably comparable program is not otherwise available to him.

(e) Content of vocational instruction. The content of vocational instruction shall be developed and conducted in accordance with the following standards to assure soundness and quality in such instruction:

(1) The program of instruction shall be based on a consideration of the skills, attitudes, and knowledge required to achieve the occupational or other objective of such instruction, and includes a planned sequence of those essentials of education or experience (or both) deemed necessary for the individual to achieve such objective.

(2) The program of instruction shall be developed and conducted in consultation with employers and other individuals or groups of individuals (such as local advisory committees) having skills in and substantive knowledge of the occupations or the occupational fields inIcluded in the instruction.

(3) The program of instruction shall include the most up-to-date knowledge, attitudes, and skills necessary for competencies required to meet the occupational or other objective of such instruction.

(4) The program of instruction shall be sufficiently extensive in duration and intensive within a scheduled unit of time to enable the student to achieve the occu14