plan) the Federal share of the costs of carrying out the State plan.

(b) State councils

The Secretary shall pay to each State council of a State which has a State plan approved in accordance with section 2324 of this title, from its allotment under section 2322(f) of this title, an amount equal to the reasonable amounts expended by the State council in carrying out its functions under this chapter in such fiscal year.

(Pub. L. 88-210, title V, § 501, as added Pub. L. 98-524, § 1, Oct. 19, 1984, 98 Stat. 2479.)

§ 2462. Federal share

(a) Composition of share

The Federal share for each fiscal year shall not exceed

(1) 50 percent of the costs of administration of the State plan;

(2) 50 percent of the costs of administration of vocational education services and activities of eligible recipients;

(3)(A) 50 percent of the costs of vocational education services and activities under part A of subchapter II of this chapter for individuals described in clauses (1), (2), and (3) of section 2331(b) of this title;

(B) 100 percent of the costs of vocational education programs, services, and activities under part A of subchapter II of this chapter for individuals described in clauses (4), (5), and (6) of section 2331(b) of this title;

(4) 50 percent of the costs of vocational education improvement, innovation, and expansion programs under part B of subchapter II of this chapter;

(5) 100 percent of the costs of the State council under section 2322 of this title;

(6) 100 percent of the costs to carry out the provisions of section 2321(b)(3) of this title; and

(7) except as otherwise provided, 100 percent of the costs of programs under subchapter III of this chapter.

(b) Non-Federal contributions

The non-Federal contribution for the costs of vocational education programs, services, and activities for the handicapped and the disadvantaged under part A of subchapter II of this chapter shall be furnished equitably by the State from State and local sources, except that the non-Federal contributions of such costs shall be furnished by the State from State sources if the State board determines that an eligible recipient cannot reasonably be expected to provide such costs from local sources. The non-Federal contributions for the costs of vocational education programs, services, and activities for the disadvantaged from local sources may be in cash or in kind, fairly valued, including facilities, overhead, personnel, equipment, and services, if the eligible recipient determines that it cannot otherwise provide such contribution.

(Pub. L. 88-210, title V, § 502, as added Pub. L. 98-524, § 1, Oct. 19, 1984, 98 Stat. 2479, and amended Pub. L. 99-159, title VII, § 711, Nov. 22, 1985, 99 Stat. 907.)

AMENDMENTS

1985-Subsec. (a). Pub. L. 99-159, § 711(a), in provisions preceding par. (1) substituted "not exceed" for "be".

Subsec. (a) (2). Pub. L. 99-159, § 711(b)(1), struck out "not to exceed" before "50 percent".

Subsec. (b). Pub. L. 99-159, § 711(b)(2), inserted provisions relating to manner of payment of non-Federal contributions.

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.

§ 2463. Maintenance of effort

(a) Limitation on payments; determination by Secretary

No payments shall be made under this chapter for any fiscal year to a State unless the Secretary determines that the fiscal effort per student or the aggregate expenditures of such State for vocational education for the fiscal year preceding the fiscal year for which the determination is made, equaled or exceeded such effort or expenditures for vocational education for the second preceding fiscal year. (b) Waiver of requirements

The Secretary may waive the requirements of this section for one fiscal year only, upon making a determination that such waiver would be equitable due to exceptional or uncontrollable circumstances affecting the ability of the applicant to meet such requirements, such as a natural disaster or an unforeseen and precipitous decline in financial resources. No level of funding permitted under such a waiver may be used as the basis for computing the fiscal effort required under this section for years subsequent to the year covered by such waiver; such fiscal effort shall be computed on the basis of the level of funding which would, but for such waiver, have been required.

(Pub. L. 88-210, title V, § 503, as added Pub. L. 98-524, § 1, Oct. 19, 1984, 98 Stat. 2480.)

§ 2464. Withholding; judicial review

(a) Withholding of payments; conditions

Whenever the Secretary, after reasonable notice and opportunity for hearing to the State board, finds that

(1) the State plan approved under section 2324 of this title has been so changed that it no longer complies with the provisions of this chapter; or

(2) in the administration of the State plan or of programs conducted pursuant to it there is a failure to comply substantially with any such provision,

the Secretary shall notify such State board that no further payments will be made to the State under this chapter (or, further payments to the State will be limited to programs under or portions of the State plan not affected by such failure) until satisfied that there will no longer be any failure to comply. Until so satisfied, the Secretary shall make no further payments to such State under this chapter (or

shall limit payments to programs under, or portions of, the State plan not affected by such failure).

(b) State board; judicial review

A State board which is dissatisfied with a final action of the Secretary under this section may appeal to the United States court of appeals for the circuit in which the State is located, by filing a petition with such court within sixty days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary, or any officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which action is based, as provided in section 2112 of title 28. Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Secretary or to set aside such action, in whole or in part, temporarily or permanently, but until the filing of the record, the Secretary may modify or set aside his action. The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari certification as provided in section 1254 of title 28. The commencement of proceedings under this subsection shall, unless specifically ordered otherwise by the court, operate as a stay of the Secretary's action.

(c) Eligible recipient; judicial review

(1) If any eligible recipient is dissatisfied with the final action of the State board or other appropriate State administering agency with respect to approval of its local application, such eligible recipient may, within sixty days after such final action or notice thereof, whichever is later, file with the United States court of appeals for the circuit in which the State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the State board or other appropriate State administering agency. The State board or such other agency thereupon shall file in the court the record of the proceeding on which the State board or such other agency based its action, as provided in section 2112 of title 28.

(2) The findings of fact by the State board or other appropriate administering agency, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the State board or such other agency to take further evidence, and the State board or such other agency may thereupon make new or modified findings of fact and may modify its previous action, and shall certify to the court the record of the further proceedings.

(3) The court shall have jurisdiction to affirm the action of the State board or other appropriate administering agency or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari certification as provided in section 1254 of title 28.

(d) Rules; hearings funds made available from appropriations; definitions

(1) The Secretary shall prescribe and implement rules to assure that any hearing conducted under section 1234b of this title in connection with funds made available from appropriations under this chapter shall be held within the State of the affected unit of local government or geographic area within the State. (2) For the purposes of paragraph (1)—

(A) the term "unit of local government" means a county, municipality, town, township, village, or other unit of general government below the State level; and

(B) the term "geographic area within a State" means a special purpose district or other region recognized for governmental purposes within such State which is not a unit of local government.

(Pub. L. 88-210, title V, § 504, as added Pub. L. 98-524, § 1, Oct. 19, 1984, 98 Stat. 2480, and amended Pub. L. 99-159, title VII, § 713(a)(3), Nov. 22, 1985, 99 Stat. 907.)

AMENDMENTS

1985-Subsec. (d)(1). Pub. L. 99-159 substituted reference to section 1234b of this title for reference to section 434(c) of the General Education Provisions Act.

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.

§ 2465. Audits

Each State shall obtain financial and compliance audits of any funds which the State receives under this chapter. Such audits shall be made public within the State on a timely basis. Audits shall be conducted at least every two years and shall be conducted in accordance with the Comptroller General's Standard for Audit of Governmental Organizations, Programs, Activities, and Functions.

(Pub. L. 88-210, title V, § 505, as added Pub. L. 98-524, § 1, Oct. 19, 1984, 98 Stat. 2482.)

§ 2466. Authority to make payments

Any authority to make payments or to enter into contracts under this chapter shall be available only to such extent or in such amounts as are provided in advance appropriation Acts.

(Pub. L. 88-210, title V, § 506, as added Pub. L. 98-524, § 1, Oct. 19, 1984, 98 Stat. 2482.)

PART B-DEFINITIONS

§ 2471. Definitions

As used in this chapter:

(1) The term “administration” means activities of a State necessary for the proper and efficient performance of its duties under this chapter, including supervision, but does not include curriculum development activities, personnel development, technical assistance, or research activities.

(2) The term "apprenticeship training program" means a program registered with the Department of Labor or the State apprenticeship agency in accordance with the Act of August 16, 1937, known as the National Apprenticeship Act [29 U.S.C. 50 et seq.), which is conducted or sponsored by an employer, a group of employers, or a joint apprenticeship committee representing both employers and a union, and which contains all terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices.

(3) The term "area vocational education school" means

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

(B) the department of a high school exclusively or principally used for providing vocational education in no less than five different occupational fields to individuals who are available for study in preparation for entering the labor market;

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

or

(D) the department or division of a junior college or community college or university operating under the policies of the State board and which provides vocational education in no less than five different occupational fields leading to immediate employment but not necessarily leading to a baccalaureate degree, if, in the case of a school, department, or division described in subparagraph (C) or this subparagraph, it admits as regular students both individuals who have completed high school and individuals who have left high school.

(4) The term "career guidance and counseling" means those programs (A) which pertain to the body of subject matter and related techniques and methods organized for the development in individuals of career awareness, career planning, career decisionmaking, placement skills, and knowledge and understanding of local, State, and national occupational, educational, and labor market needs, trends, and opportunities, and (B) which assist them in making and implementing informed educational and occupational choices.

(5) The term "community-based organization" means any such organization of demonstrated effectiveness described in section 4(5) of the Job Training Partnership Act [29 U.S.C. 1503(5)].

(6) The term "construction" includes construction of new buildings and acquisition, and expansion, remodeling, and alteration of existing buildings, and includes site grading and improvement and architect fees.

(7) The term "cooperative education" means a method of instruction of vocational education for individuals who, through written cooperative arrangements between the school and employers, receive instruction, including required academic courses and related vocational instruction by alternation of study in school with a job in any occupational field, but the two experiences must be planned and supervised by the school and employers so that each contributes to the student's education and to his or her employability. Work periods and school attendance may be on alternate half days, full days, weeks, or other periods of time in fulfilling the cooperative program.

(8) The term "criminal offender" means any individual who is charged with or convicted of any criminal offense, including a youth offender or a juvenile offender.

(E) detention center, or

(F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders.

(10) The term "Council" means the National Council on Vocational Education.

(11) The term "curriculum materials" means instructional and related or supportive material, including materials using advanced learning technology, in any occupational field which is designed to strengthen the academic foundation and prepare individuals for employment at the entry level or to upgrade occupational competencies of those previously or presently employed in any occupational field, and appropriate counseling and guidance material.

(12) The term “disadvantaged" means individuals (other than handicapped individuals) who have economic or academic disadvantages and who require special services and assistance in order to enable them to succeed in vocational education programs. Such term includes individuals who are members of economically disadvantaged families, migrants, individuals who have limited English proficiency and individuals who are dropouts from, or who are identified as potential dropouts from, secondary school.

(13) The term "economically depressed area" means an economically integrated area within any State in which a chronically low level of economic activity or a deteriorating economic base has caused such adverse effects as (A) a rate of unemployment which has exceeded by 50 per centum or more the average rate of unemployment in the State, or in the Nation, for each of the three years

preceding the year for which such designation is made, or (B) a large concentration of low-income families, and for which such designation for the purposes of this chapter is approved by the Secretary as consistent with these and such other criteria as may be prescribed, and with the purposes of this chapter.

(14) The term "eligible recipient" means a local educational agency or a postsecondary educational institution.

(15) The term "handicapped", when applied to individuals, means individuals who are mentally retarded, hard of hearing, deaf, speech or language impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, or other health impaired persons, or persons with specific learning disabilities, who by reason thereof require special education and related services, and who, because of their handicapping condition, cannot succeed in the regular vocational education program without special education assistance.

(16) The term "high technology" means state-of-the-art computer, microelectronic, hydraulic, pneumatic, laser, nuclear, chemical, telecommunication, and other technologies being used to enhance productivity in manufacturing, communication, transportation, agriculture, mining, energy, commercial, and similar economic activity, and to improve the provision of health care.

(17) The term “homemaker” means an individual who

(A) is an adult, and

(B) has worked as an adult primarily without remuneration to care for the home and family, and for that reason has diminished marketable skills.

The Secretary may not prescribe the manner in which the States will comply with the application of the definition contained in this paragraph.

(18) The term "limited English proficiency" has the meaning given such term in section 703(a)(1) of the Elementary and Secondary Education Act of 1965.

(19) The term "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 having administrative control and direction of a vocational education program.

(20) The term "economically disadvantaged family or individual" means such families or individuals who are determined by the Secretary to be low-income according to the latest available data from the Department of Commerce.

(21) The term "postsecondary educational institution" means an institution legally authorized to provide postsecondary education within a State, or any postsecondary educa

'See References in Text note below.

tional institution operated by or on behalf of any Indian tribe which is eligible to contract with the Secretary of the Interior for the administration of programs under the Indian Self-Determination Act [25 U.S.C. 450f et seq.] or under the Act of April 16, 1934 [25 U.S.C. 452-457].

(22) The term "private vocational training institution" means a business or trade school, or technical institution or other technical or vocational school, in any State, which (A) admits as regular students only persons who have completed or left elementary or secondary school and who have the ability to benefit from the training offered by such institution; (B) is legally authorized to provide, and provides within that State, a program of postsecondary vocational or technical education designed to fit individuals for useful employment in recognized occupations; (C) has been in existence for two years or has been specially accredited by the Secretary as an institution meeting the other requirements of this subsection; and (D) is accredited (i) by a nationally recognized accrediting agency or association listed by the Secretary pursuant to this clause, or (ii) if the Secretary determines that there is no nationally recognized accrediting agency or association qualified to accredit schools of a particular category, by a State agency listed by the Secretary pursuant to this clause, or (iii) if the Secretary determines that there is no nationally recognized or State agency or association qualified to accredit schools of a particular category, by an advisory committee appointed by the Secretary and composed of persons specially qualified to evaluate training provided by schools of that category, which committee shall prescribe the standards of content, scope, and quality which must be met by those schools and shall also determine whether particular schools meet those standards. For the purpose of this paragraph, the Secretary shall publish a list of nationally recognized accrediting agencies or associations and State agencies which the Secretary determines to be reliable authority as to the quality of education or training afforded.

(23) The term "school facilities" means classrooms and related facilities (including initial equipment) and interests in lands on which such facilities are constructed. Such term shall not include any facility intended primarily for events for which admission is to be charged to the general public.

(24) The term "Secretary" means the Secretary of Education.

(25) The term "single parent” means an individual who

(A) is unmarried or legally separated from a spouse, and

(B) has a minor child or children for which the parent has either custody or joint custody.

(26) The term "small business" means forprofit enterprises employing five hundred or fewer employees.

(27) The term "State" includes, in addition to the several States, the District of Colum

bia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.

(28) The term "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 of vocational education in the State.

(29) The term "State council" means the State council on vocational education established in accordance with section 2322 of this title.

(30) The term "State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary or secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.

(31) The term "vocational education" means organized educational programs which are directly related to the preparation of individuals in paid or unpaid employment in such fields as agriculture, business occupations, home economics, health occupations, marketing and distributive occupations, technical and emerging occupations, modern industrial and agriculture arts, and trades and industrial occupations, or for additional preparation for a career in such fields, and in other occupations, requiring other than a baccalaureate or advanced degree and vocational student organization activities as an integral part of the program; and for purposes of this paragraph, the term "organized education program" means only (A) instruction (including career guidance and counseling) related to the occupation or occupations for which the students are in training or instruction necessary for students to benefit from such training, and (B) the acquisition (including leasing), maintenance, and repair of instructional equipment, supplies, and teaching aids; but the terms do not mean the construction, acquisition, or initial equipment of buildings, or the acquisition or rental of land.

(32) The term "vocational student organizations" means those organizations for individuals enrolled in vocational education programs which engage in activities as an integral part of the instructional program. Such organizations may have State and national units which aggregate the work and purposes of instruction in vocational education at the local level.

(Pub. L. 88-210, title V, § 521, as added Pub. L. 98-524, § 1, Oct. 19, 1984, 98 Stat. 2482, and amended Pub. L. 99-159, title VII, § 713(a)(4), Nov. 22, 1985, 99 Stat. 907.)

REFERENCES IN TEXT

The Act of August 16, 1937, known as the National Apprenticeship Act, referred to in par. (2), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, as amended, which is classified generally to chapter 4C (§ 50 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 50 of Title 29 and Tables.

Section 703(a)(1) of the Elementary and Secondary Education Act of 1965, referred to in par. (18), is sec

tion 703(a)(1) of Pub. L. 89-10, title VII, as added by Pub. L. 95-561, title VII, § 701, Nov. 1, 1978, 92 Stat. 2269, as amended, which was classified to section 3223(a)(1) of this title prior to the complete revision of Pub. L. 89-10 by Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 140. For provisions defining “limited English proficiency", see section 3283 of this title.

The Indian Self-Determination Act, referred to in par. (21), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter II (§ 450f et seq.) of chapter 14 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables.

The Act of April 16, 1934, referred to in par. (21), is act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson-O'Malley Act, which is classified generally to section 452 et seq. of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 452 of Title 25 and Tables.