supplemented with such other general education subjects as may be necessary to develop a well-rounded individual. (2) Professional. Funds under the 1963 act will 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 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: 1 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. Medical and Health Professions, including Physicians, Surgeons, Dentists, Physical Scientists, including Chemists, Physicists, and Astronomers. Social Scientists, including Economists, Historians, Political Scientists, and 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. (3) Funds under the Smith-Hughes and George-Barden Acts will not be available for instruction offered or designated by the institution offering it as providing credit leading to a baccalaureate or higher degree; or, if offered by an institution which does not grant a baccalaureate degree, is applied for credit toward such a degree as indicated by transfer policies of baccalaureate degree granting institutions to which students of the offering institution generally transfer. (e) Offerings of vocational instruction. In establishing, continuing, or terminating a program of vocational instruction, consideration will be given to the following: (1) The interest, needs, and abilities of all persons in the community or area who have need for, desire, and can benefit from the instruction. (2) The need and opportunity in the employment market for the occupational skills and knowledge for which instruction is being provided. (f) Access to vocational instruction offered. (1) In determining which individuals should have access to programs of vocational instruction offered within the State, consideration will be given to all individuals residing in the State who are available and qualified to receive such instruction in 1 Tentative list of professional occupations. accordance with the standards and requirements in the State plan. 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 will 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 another 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) The student is otherwise available and qualified to receive such instruction. (iii) 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 will be made available to all individuals residing in the State, and each program of instruction offered by a local educational agency will be made available to all individuals residing in the district or community served by the local educational agency offering such instruction, if such individual is otherwise available and qualified to receive such instruction in accordance with the standards and requirements in the State plan. 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. (g) Admission of students. (1) Individuals will be admitted for enrollment in classes and provided instruction for each type of occupation or occupational field on the basis of their potential for achieving competence in the occupation or occupational field through such instruction, except as provided in subparagraph (2) of this paragraph. (2) Individuals will be admitted to and provided instruction in special classes for persons with special needs if such individuals have academic, socioeconomic, and other handicaps that have prevented or would prevent them from succeeding in the other vocational education programs and therefore require instruction which is especially designed to enable such individuals to develop competencies adequate for employment in a recognized occupation. (h) Soundness and quality of instruction. The following standards will be followed to assure soundness and quality of instruction designed to fit individuals for an occupational objective: (1) The program of instruction will be based on a consideration of the skills and knowledge required in the occupation for which the instruction is being provided, and includes a planned logical sequence of those essentials of education or experience (or both) deemed necessary for the individual to meet his occupational objective. (2) The program of instruction will be developed and conducted in consultation with potential employers and other individuals or groups of individuals having skills in and substantive knowledge of the occupation or occupational field representing the occupational objective. (3) The program of instruction will include the most up-to-date knowledge and skills necessary for competencies required in the occupation or occupa tional field in which the individual is being prepared, or upgraded, or updated. (4) The program of instruction will be sufficiently extensive in duration and intensive within a scheduled unit of time to enable the student to develop competencies necessary to fit him for employment in the occupation or occupational field for which he is being trained. (5) The program of instruction will combine and coordinate related instruction with field, shop, laboratory, cooperative work, or other occupational experience which (i) is appropriate to the vocational objective of the students, and (ii) is of sufficient duration to develop competencies necessary to fit him for employment in the occupation or occupational field for which he is being trained, and (iii) is supervised, directed, or coordinated by a person qualified under the State plan. (See special requirements for classes providing cooperative work experience in § 104.16.) (i) Adequate facilities and materials for instruction. Classrooms, libraries, shops, laboratories, and other facilities (including instructional equipment, supplies, teaching aids, and other materials) will be adequate in supply and quality to meet the standards approved by the State board so that such facilities enable those who are to be trained to meet the occupational objective for which the education is intended. If the State board or local educational agency cannot provide such facilities and materials, but they are available in a business or industrial or other establishment, the State plan may provide for vocational instruction in such establishments provided that such instruction meets all the standards and requirements of the State plan. (See § 104.48 for provisions governing use of funds for instructional equipment, supplies, and teaching aids, and §§ 104.22, 104.23, and 104.44 for provisions governing use of funds for construction of area vocational education school facilities.) (j) Qualified teachers and supervisors. The instruction will be conducted and supervised by qualified teachers and supervisors as provided for in § 104.11. To the extent necessary to provide for sufficient supply of qualified teachers and supervisors in the State, the program of instruction shall be accompanied by a teacher-training program as provided in § 104.19. (k) Vocational guidance and counseling. The program of instruction will provide for vocational guidance and counseling personnel and services sufficient to enable such a program to meet and continue to meet the standards and requirements of this section. (See § 104.18 for provisions governing the use of funds for vocational guidance programs.) (1) Youth organizations. When the activities of vocational education youth organizations complement the vocational instruction offered, such activities will be supervised by persons who are qualified as vocational education teachers or supervisors within the State. (m) Evaluation. Evaluation of the program of instruction will be made periodically on the State level and continuously on the local level with the results being used for necessary change or improvement in the program through experimentation, curriculum improvement, teacher training, and other means. The results of such evaluation, including changes and improvements, shall be described in the State's annual descriptive report submitted pursuant to § 104.55 (b) and such other reports which the Commissioner may require. § 104.14 Vocational instruction under contract. (a) If any portion of the program of instruction is provided by public or nonpublic agencies or institutions under contract with a State board or local educational agency pursuant to § 104.13 (a) (1) (ii), the State plan shall include a provision for a written contract describing the portion of instruction to be provided by such agency or institution and incorporating the standards and requirements of vocational instruction set forth in the State plan and prescribed by the State board. The State board shall determine in advance of such contract that (1) the contract is in accordance with State and local law, and (2) the instruction to be provided under contract will be conducted as a part of the vocational education program of the State and will constitute a reasonable and prudent use of funds available under the State plan. Such contracts shall be reviewed at least annually by the parties concerned. (b) All contracts described under paragraph (a) of this section shall include an assurance that Federal, State, and local funds paid over to a contracting agency or institution will be used only to lower the rate of or eliminate tuition, fees, and other charges which otherwise would be collected from persons benefiting from such portion of the program. § 104.15 Apprenticeship program. The State plan may provide related vocational instruction to apprentices which is supplemental to their on-the-job training. The term "apprentice" means a worker who is learning a recognized apprenticeable occupation in accordance with a written apprentice-training agreement between the apprentice and an individual employer or group of employers which either provides for or makes reference to a document which provides for (a) a given length of planned work experience through employment on the job, supplemented by appropriate related instruction, and (b) other recognized standards and requirements of apprenticeship. In providing cooperative work experience pursuant to § 104.13 (h) (5), the State plan shall provide for cooperative programs for persons enrolled in a school who, through a cooperative arrangement between the school and employers, receive part-time vocational instruction in the school and on-thejob training through part-time employment. When vocational instruction is provided in such programs meeting the standards and requirements in § 104.13, the State plan shall provide that such classes be organized through cooperative arrangements (preferably in writing) between the schools providing vocational instruction to student-learners in the class and the employers providing on-the-job training through part-time employment of such student-learners. Such arrangements shall provide for (a) the employment of student-learners in conformity with Federal, State, and local laws and regulations and in a manner not resulting in exploitation of such student-learners for private gain, (b) an organized program of training on the job, and (c) supplemental vocational instruction in school. § 104.17 Business and office education. Pursuant to the general State plan requirements of vocational instruction in § 104.13, the State plan shall require that instruction in business and office 19 occupations be provided through courses and curricula which include both the subject matter and practical experience needed in the occupations for which instruction is provided. § 104.18 Vocational guidance and counseling services. (a) The State plan shall provide for such vocational guidance and counseling personnel and services as are required by the program of instruction pursuant to § 104.13(,, and describe such provisions on both the State and local levels wit.. formation on the types of expenditures to be included and the standards and requirements of vocational guidance and counseling services which are designed to (1) identify and encourage the enrollment of individuals needing vocational education, (2) provide the individuals with information necessary for realistic vocational planning, (3) assist them while pursuing the plan, (4) aid them in vocational placement, and (5) conduct followup procedures to determine the effectiveness of the vocational instruction and guidance and counseling program. (b) The State plan shall provide that the State board maintain an adequate staff to (1) develop, secure, and distribute occupational information; (2) provide consultative services concerning the vocational aspect of guidance; and (3) give leadership to the promotion and supervision of better vocational guidance and counseling services at the local level. In carrying out these responsibilities, the State board shall utilize the resources of the State employment service pursuant to the cooperative arrangements provided for in § 104.7. § 104.19 Program of teacher training. (a) The State plan shall provide for teacher-training programs (both preemployment and inservice) to the extent necessary to provide qualified vocational education personnel. The State plan shall describe the State board's plans for the development of teacher-training programs with information on the types of expenditures and the types of teacher-training programs to be included, and the standards and requirements designed to develop and maintain programs of such character and efficiency as are needed to provide an adequate supply of qualified teachers and other vocational education personnel. (b) Arrangements for teacher training. The State plan shall provide that (1) teacher training will be provided either by (i) the State board or (ii) public or, in the case of teacher training supported under the GeorgeBarden and the 1963 acts, nonpublic agencies, or institutions. (2) When teacher training is provided by an agency or institution other than the State board, the State plan shall provide for cooperatively developed written agreements between the State board and the agency or institution providing such training. Such agreements shall describe the program for teacher training included in the State plan developed by the State board in cooperation with such agency or institution, and the policies and procedures which the State board and the agency or institution agree to utilize in evaluating the effectiveness of the programs so described. (c) Eligibility of enrollees. (1) The State plan shall provide that vocational teacher training will be offered only to persons who are teaching or are preparing to teach vocational education students or who are undertaking or are preparing to undertake other professional duties and responsibilities |