by the State board for such State, in fields necessary for the national defense. [(b) The Commissioner shall, prior to the beginning of each calendar quarter or other period prescribed by him, estimate the amount to be paid to each State for area vocational education programs under this title for such period; and shall pay to the State, from the allotment available therefor, the amount so estimated by him for such period, reduced or increased, as the case may be, by any sum (not previously adjusted under this subsection) by which he finds that his estimate of the amount to be paid to the State for any prior period for such purpose under this title was greater or less than the amount which should have been paid to the State for such prior period under this title for such purpose. Such payments shall be made in such installments as the Commissioner may determine. [USE OF FUNDS [SEC. 304. (a) Funds paid to a State under this title for area vocational education programs may be used, in carrying out such programs (under the part of the State plan meeting the requirements of section 305), for [(1) maintenance of adequate programs of administration, supervision, and teacher-training; [(2) salaries and necessary travel expenses of State or local school personnel, including teachers, coordinators, supervisors, Vocational guidance counselors, teacher-trainers, directors, administrators, and others; [(3) travel expenses of members of advisory committees or State boards; [(4) purchase, rental, or other acquisition, and maintenance and repair of instructional equipment; [(5) purchase of instructional supplies and teaching aids; [(7) securing necessary educational information and data as a basis for the proper development of area vocational education programs and programs of vocational guidance; [(8) training and work-experience training programs for outof-school youths; (9) related instruction for apprentices; and [(10) determining the need for, and planning and developing, area vocational education programs. [(b) Any equipment and teaching aids purchased with funds appropriated to carry out the provisions of this title shall become the property of the State. [ADDITIONAL STATE PLAN REQUIREMENTS [SEC. 305. (a) To be eligible to participate in this title, the State plan must be amended to include a new part which [(1) designates the State board as the sole agency for administration of such part of the plan (or for the supervision of the administration thereof by State or local educational agencies); [(2) provides minimum qualifications for teachers, teachertrainers, supervisors, directors, and others having responsibilities under the plan; [(3) shows the plans, policies, and methods to be followed in carrying out such part of the State plan; [(4) provides such accounting, budgeting, and other fiscal methods and procedures as are necessary for the proper and efficient administration of such part of the State plan; and [(5) provides that the State board will make such reports to the Commissioner, in such form and containing such information, as are reasonably necessary to enable the Commissioner to perform his functions under this title. [(b) The Commissioner shall approve a part of any plan for purposes of this title if he finds that it fulfills the conditions specified in subsection (a) of this section. [(c) Whenever the Commissioner after reasonable notice and opportunity for hearing to the State board finds that [(1) the part of the State plan approved under subsection (b) has been so changed that it no longer complies with any provision required by subsection (a) of this section to be included in such part; or [(2) in the administration of such part of the plan there is a failure to comply substantially with any such provision; the Commissioner shall notify such State board that no further payments will be made to the State from its allotments under section 302 (or, in his discretion, that further payments will not be made to the State for projects under or for portions of such part of the State plan affected by such failure) until he is satisfied that there is no longer any such failure. Until he is so satisfied the Commissioner shall make no further payments to such State from its allotments under section 302 (or shall limit payments to projects under or portions of such part of the State plan in which there is no such failure). [(d) (1) If any State is dissatisfied with the Commissioner's action under subsection (c) of this section, such State may appeal to the United States court of appeals for the circuit in which such State is located. The summons and notice of appeal may be served at any place in the United States. The Commissioner shall forthwith certify and file in the court the transcript of the proceedings and the record on which he based his action. [(2) The findings of fact by the Commissioner, unless substantially contrary to the weight of the evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the transcript and record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive unless substantially contrary to the weight of the evidence. [SEC. 306. There are hereby authorized to be included for each fiscal year in the appropriations for the Department of Health, Education, and Welfare such sums as are necessary to administer the provisions of this title. [DEFINITIONS [SEC. 307. For the purposes of this title [(a) The term "State" includes the Virgin Islands, Puerto Rico, the District of Columbia, and Guam. [(b) The term "Commissioner" means the Commissioner of Education. [(c) The terms "State plan" and "State board" shall have the meaning which said terms have in the Act approved February 23, 1917 (39 Stat. 929, ch. 114). [(d) The term "area vocational education program" means a program consisting of one or more less-than-college-grade courses conducted under public supervision and control and on an organized systematic class basis, which is designed to fit individuals for useful employment as technicians or skilled workers in recognized occupations requiring scientific or technical knowledge, and which is made available to residents of the State or an area thereof designated and approved by the State board, who either have completed junior high school or, regardless of their school credits, are at least sixteen years of age and can reasonably be expected to profit by the instruction offered.] [Public Law 791, 71st Cong., 46 Stat. 1489: [AN ACT To extend the provisions of certain laws relating to vocational education and civilian rehabilitation to Puerto Rico [Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Porto Rico shall be entitled to share in the benefits of the Act entitled "An Act to provide for the promotion of vocational education; to provide for cooperation with the States in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the States in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure," approved February 23, 1917, and any Act amendatory thereof or supplementary thereto, upon the same terms and conditions as any of the several States. There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1932, and annually thereafter, the sum of $105,000, to be available for allotment under such Act to the island of Porto Rico: Provided, That of the sum authorized to be appropriated for the purposes of this Act, the sum of $30,000, if expended, shall be expended for the salaries of teachers of agricultural subjects; the sum of $30,000 if expended, shall be expended for the salaries of teachers of homeeconomics subjects; the sum of $30,000, if expended, shall be expended for the salaries of teachers of trade and industrial subjects; and the sum of $15,000, if expended, shall be expended for the maintenance of teacher training, including supervision.]1 [Public Law 462, 81st Cong., 64 Stat. 27 [AN ACT To extend the benefits of the Vocational Education Act of 1946 to the Virgin Islands [Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Virgin I-lands shall be entitled to share in the benefits of the Vocational Education Act of 1946, approved August 1, 1946, and any Act amendatory thereof or supplementary thereto, upon the same terms and con1 Repeal effective on July 1, 1969. ditions as any of the several States. There is hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1950, and annually thereafter, the sum of $40,000, to be available for allotment to the Virgin Islands under such Act and the modifications hereinafter provided. [SEC. 2. Sums appropriated under authority of section 1 of this Act shall be allocated for vocational education in (1) agriculture, (2) home economics, (3) trades and industries, and (4) distributive occupations, in the proportions specified by the Vocational Education Act of 1946, except insofar as the Commissioner of Education, with the approval of the Federal Security Administrator, deems it necessary to modify said proportion to meet special conditions existing in the Virgin Islands. [SEC. 3. The provisions of sections 3, 5, 6, 7, and 8 of the Vocational Education Act of 1946, relating to the use and payment of sums under said Act, shall apply to sums appropriated under this Act with such modifications as the Commissioner of Education, with the approval of the Federal Security Administrator, shall deem necessary to meet the special conditions existing in the Virgin Islands.]1 Public Law 896, 84th Cong., 70 Stat. 909 [SEC. 9. (a) Guam shall be entitled to share in the benefits of the Vocational Education Act of 1946 (60 Stat. 775), and any Act amendatory thereof or supplementary thereto, upon the same terms and conditions as any of the several States. There is hereby authorized to be appropriated, for the fiscal year ending June 30, 1955, and annually thereafter, the sum of $80,000, to be available for allotment to Guam under such Act and the modifications hereinafter provided. [(b) Sums appropriated under the authority of subsection (a) of this section shall be allocated for vocational education in (1) agriculture, (2) home economics, (3) trades and industries, and (4) distributive occupations, in the proportion which the amount authorized to be appropriated under paragraphs (1), (2), (3), and (4), respectively, of section 3 of the Vocational Education Act of 1946, bears to the sum of such amounts except insofar as the Commissioner of Education, with the approval of the Secretary of Health, Education, and Welfare, deems it necessary to modify said proportions to meet special conditions existing in Guam. [(c) The provisions of section 3 (60 Stat. 775; 20 U.S.C., sec. 15j), section 7 (60 Stat. 775, 777; 20 U.S.C. sec. 150), and section 8(b) (60 Stat. 775, 777; 20 U.S.C. sec. 15p(b)), of the Vocational Education Act of 1946, shall apply to sums appropriated under this section with such modifications as the Commissioner of Education, with the approval of the Secretary of Health, Education, and Welfare, shall deem necessary to meet special conditions existing in Guam. [(d) In addition to the sums authorized to be appropriated under section 9 of the Vocational Education Act of 1946 (60 Stat. 775, 777; 20 U.S.C., sec. 15q), there are hereby authorized to be appropriated such additional sums as may be necessary to carry out the provisions of this section, such sums to be expended for the same purposes and in the same manner as provided in section 7 of the Act of February 23, 1917 (39 Stat., 929, 933), as amended (20 U.S.C., sec. 15).]' 1 Repeal effective on July 1, 1969. SECTION-BY-SECTION ANALYSIS OF S. 3099 THE VOCATIONAL EDUCATION AMENDMENTS OF 1968 First section. Short title. This section provides that the bill may be cited as the "Partnership for Learning and Earning Act of 1968." Sec. 2. Purpose. This section states that the purpose of the bill is to consolidate, broaden, and strengthen existing vocational and technical education programs; to encourage further the development and establishment of vocational and technical education programs at the secondary, postsecondary, and adult levels; to promote the development and establishment of exemplary programs and methods of Vocational education, including exploratory occupational education and work experience programs; and otherwise to improve, and increase flexibility in the administration of vocational educational programs. It should be noted that, in addition, title III of the bill would make an amendment to the Adult Education Act of 1966. TITLE I-EXEMPLARY PROGRAMS AND PROJECTS IN VOCATIONAL EDUCATION This title of the bill consists of a single section (sec. 101) which would amend the Vocational Education Act of 1963 by inserting in it an entirely new part, "Exemplary Programs and Projects in Vocational Education." To accommodate this new part within the framework of the Vocational Education Act of 1963, which consists of sections 1-17 of Public Law 88-210, the act would be divided into three parts (A, B, and C), of which the new program would be part B.' This new part would be designated as "Part B-Exemplary Programs and Projects, of the Vocational Education Act of 1963, and would be inserted after section 15 of the act. The new part B would consist of new sections 101 through 109 of the act as follows: Section 101. Findings and declaration of purpose.-This new section Would state a finding by Congress that it is necessary to reduce the continuing high level of youth unemployment by giving to the job preparation needs of the two out of three youths who end their education at or before completion of high school the same kind of attention as that given to the college preparation needs of youths who go on to college; and would declare it to be the purpose of the new part B to stimulate new ways of creating a bridge between school and earning a living for youths who do not go on to college and the promotion of cooperation between public education and manpower agencies. Section 102. Authorization of appropriations.-This new section would authorize to be appropriated $15 million for fiscal year 1969 The rest of Public Law 88-210, which is unrelated to vocational education, would become title II of Public Law 88-210 and its sections renumbered. This placement of the new pt. B would be accomplished in part by sec. 219 of the bill. The portion of the Vocational Education Act of 1963 preceding the new pt. B would be designated as "Part A-Grants for Comprehensive Programs", and the portion following the new pt. B would be designated as "Part C General". |