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? Subpart H-What Conditions Must Be Met by Local Recipients? 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? Subpart 1-What Are the Administrative Responsibilities of a State Under the State Vocational and Applied Technology Education Program? 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 APPENDIX A TO PART 403-EXAMPLES FOR 34 REQUIRE AUTHORITY: 20 U.S.C. 2301 et seq., unless otherwise noted. SOURCE: 57 FR 36735, Aug. 14, 1992, unless otherwise noted. Subpart A-General $403.1 What is the State Vocational and Applied Technology Education Program? (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.) § 403.2 Who is eligible for an award? 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) § 403.3 What regulations apply? 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.) § 403.4 What definitions apply? The definitions in 34 CFR 400.4 apply to the State Vocational and Applied Technology Education Program. (Authority: 20 U.S.C. 2471) Subpart B-What Are the State's Organizational and Planning Responsibilities? §403.10 What is the State board? 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 vo 157-135 0-95 -2 cational 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)) § 403.11 What are the principal responsibilities of the State board? 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 quired by §§ 403.30 through 403.34; re (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)) § 403.12 What are the additional responsibilities of the State board? (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 voca tional 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. (Approved by the Office of Management and Budget under Control No. 1830-0030) (Authority: 20 U.S.C. 2321(a)(1), (f), (g)) § 403.13 What are the personnel requirements regarding the elimination of sex discrimination and sex stereotyping? (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. (Approved by the Office of Management and Budget under Control No. 1830-0030) (Authority: 20 U.S.C. 2312(a)(4)(A), 2321(b), 2335b, 2362(a)(3)) § 403.14 What are the personnel requirements regarding coordination with services for individuals with disabilities? (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)) § 403.15 What are the personnel requirements regarding coordination with services under chapter 1 of title I of the Elementary and Secondary Education Act? (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)) § 403.16 What are the personnel requirements regarding coordination with programs for individuals of limited English proficiency? (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)) § 403.17 What are the State's responsibilities regarding a State council on vocational education? (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)) § 403.18 What are the membership requirements of a State council on vocational education? (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)) § 403.19 What are the responsibilities of a State council on vocational education? (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; |