RULES AND REGULATIONS Title 45 Public Welfare Chapter I-Office of Education, Department of Health, Education, and Welfare Part 104-Vocational Education: Federal Allotments to States The regulations in this part are applicable to programs of vocational education administered by State Boards for Vocational Education under both the Vocational Education Act of 1963 and the Smith-Hughes, GeorgeBarden, and supplementary acts as amended, or under the Vocational Education Act of 1963 alone. In those States not administering programs under the 1963 Act, the regulations in 45 CFR Part 102 issued on February 18, 1958, as heretofore amended (applicable to the Smith-Hughes Act, the supplementary acts, and titles I and III of the George-Barden Act), and the regulations in 45 CFR Part 103 issued on August 2, 1956 (applicable to title II of the George-Barden Act) continue to apply to programs of vocational education administered by State Boards for Vocational Education under those Acts. The grants under this part provide Federal financial assistance subject to the requirements of title VI of the Civil Rights Act of 1964, approved July 2, 1964 (78 Stat. 252; Public Law 88-352). 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, grants made pursuant to the regulations set forth below are subject to this provision and to such applicable rules, regulations, or ordinances as may hereafter be issued with the approval of the President to effectuate the provisions of section 601. Separate regulations are promulgated in Part 105A applicable to special grants pursuant to section 4(c) of the Vocational Education Act of 1963 for research, training and experimental, developmental or pilot programs. Separate regulations are promulgated in Part 105B applicable to grants pursuant to section 14 of the Vocational Education Act of 1963 for residential vocational education schools. 104.57 Condition for payment of 104.73 Part-time classes. Federal funds under 104.74 Preemployment day trade classes. 104.58 Interrelationships among the 104.75 Employment in trade and in grams under title III. 104.66 Vocational education in home 104.82 Occupations necessary for na economics. tional defense. State plan requirements. Special condition on payment of Federal funds. AUTHORITY: The provisions of this Part 104 issued under 39 Stat. 929 as amended, 46 Stat. 1489 as amended, 49 Stat. 1488 as amended, 64 Stat. 27 as amended, 70 Stat. 909 as amended, 76 Stat. 586 as amended, 77 Stat. 403; 20 U.S.C. 11-15, 16-28, 30-34, 35-35n, 15i-15q, 15aa-15jj, 15aaa-15ggg, 48 U.S.C. 1667. 3 § 104.1 Definitions. As used in this part: Subpart A-Definitions (a) "Acts," "vocational education acts," or "Federal acts" means the Smith-Hughes Act, the three titles of the George-Barden Act, the supplementary acts, and the Vocational Education Act of 1963. (1) "Smith-Hughes Act" means the Act of February 23, 1917 (Public Law 347, 64th Congress, 39 Stat. 929, 20 U.S.C. 11-15, 16-28). (2) "George-Barden Act" means the Vocational Education Act of 1946 with all amendments and additions, including the original Vocational Education Act of 1946 in "Title I-Vocational Education in Agriculture, Home Economics, Trades and Industry, and Distributive Occupations" (Act of June 8, 1936, Public Law 673, 74th Congress, 49 Stat. 1488 as amended by Act of August 1, 1946, Public Law 586, 79th Congress, 60 Stat. 775, and Act of August 8, 1956, Public Law 1027, 84th Congress, 70 Stat. 1126, 20 U.S.C. 15i-15q); "Title II-Vocational Education in Practical Nursing" (Title III, Act of August 2, 1956, Public Law 911, 84th Congress, 70 Stat. 925, as amended in Act of April 24, 1961, Public Law 87-22, 75 Stat. 44, 20 U.S.C. 15aa-15ii); and "Title III-Area Vocational Education Programs” (Title VIII, National Defense Education Act of 1958, Public Law 85-864, 72 Stat. 1597, 20 U.S.C. 15aaa-15ggg). (3) "Supplementary acts" means section 1 of the Act of March 3, 1931, relating to vocational education in Puerto Rico (Public Law 791, 71st Congress, 46 Stat. 1489, 20 U.S.C. 30); the Act of March 18, 1950, relating to vocational education in the Virgin Islands (Public Law 462, 81st Congress, 64 Stat. 27, 20 U.S.C. 31-33); section 9 of the Act of August 1, 1956, relating to vocational education in Guam (Public Law 896, 84th Congress, 70 Stat. 909, 20 U.S.C. 34); and section 2 of the Act of September 25, 1962, relating to vocational education in American Samoa (Public Law 87-688, 76 Stat. 586, 48 U.S.C. 1667). (4) "1963 Act" means the Vocational Education Act of 1963 (Part A of Public Law 88-210, 77 Stat. 403, 20 U.S.C. 35-35n). (b) "Area vocational education school" means any public school or public institution the facilities of which can be constructed with Federal funds under the provisions of section 4 (a) (5) of the 1963 Act. (1) These may include only: (i) A specialized high school used exclusively or principally for the provision of vocational education to persons who are available for full-time study in preparation for entering the labor market; (ii) The department of a high school exclusively or principally used for providing vocational education in no less than five different occupational fields to persons who are available for full-time study in preparation for entering the labor market; (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 full-time study in preparation for entering the labor market; and (iv) The department or division of a junior college or community college or university which, under the supervision of the State board, provides vocational education in no less than five different occupational fields leading to immediate employment but not 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 department or 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. (c) "Business and office occupations" means those occupations pursued by individuals in public or private enterprises or organizations which are related to the facilitating function of the office and includes such activities as recording and retrieval of data, supervision and coordination of office activities, internal and external communication, and reporting of information. (d) "Commissioner" means the Commissioner of Education, U.S. Department of Health, Education, and Welfare. (e) "Construction project" means a specific proposal for construction of an area vocational school facility which will be accomplished at a single site as provided in § 104.44. (f) "Employment" means lawful work in a recognized occupation. (g) "Equipment" means a fixed or movable article or set of articles which meet 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 one 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. See for example § 104.1 (n) (2) and § 104.48. (h) "Funds," unless otherwise specified, means any public funds available for expenditure under the State plan, whether derived from Federal grants or State or local appropriations or other sources. (See § 104.27 for further explanation.) (i) "Gainful employment" means employment in a recognized occupation for which persons normally receive a wage, salary, fee, or profit. (j) "High school" or "secondary school" shall not be applicable to instruction at any grade beyond grade 12. (k) "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 (except as otherwise provided in section |