APPENDIX D

The Fitzgerald Act

(1937)

(50 Stat. 663, 665; 29 U.S.C. § 50, 50a, and 50b)

§ 50. Promotion of labor standards of apprenticeship

The Secretary of Labor is authorized and directed to formulate and promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, to extend the application of such standards by encouraging the inclusion thereof in contracts of apprenticeship, to bring together employers and labor for the formulation of programs of apprenticeship, to cooperate with State agencies engaged in the formulation and promotion of standards of apprenticeship, and to cooperate with the Office of Education under the Department of Health, Education, and Welfare in accordance with section 17 of Title 20. Aug. 16, 1937, c. 663, § 1, 50 Stat. 664; 1939 Reorg. Plan No. I, §§ 201, 204, 206, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; July 12, 1943, c. 221, Title VII, § 701, 57 Stat. 518; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.

§ 50a. Publication of information; national advisory committees

The Secretary of Labor may publish information relating to existing and proposed labor standards of apprenticeship, and may appoint national advisory committees to serve without compensation. Such committees shall include representatives of employers, representatives of labor, educators, and officers of other executive departments, with the consent of the head of any such department. July 13, 1937, c. 663, § 2, 50 Stat. 665.

§ 50b. Appointment of employees

The Secretary of Labor is authorized to appoint such employees as he may from time to time find necessary for the administration of this section and section 50a of this title, with regard to existing laws applicable to the appointment and compensation of employees of the United States. Aug. 16, 1937, c. 663, § 3, 50 Stat. 665; July 12, 1943, c. 332 Title VII. § 701. 57 Stat. 518.

UNITED STATES

GOVERNMENT PRINTING OFFICE

DIVISION OF PUBLIC DOCUMENTS

WASHINGTON, D.C. 20402

OFFICIAL BUSINESS

POSTAGE AND FEES PAID

U.S. GOVERNMENT PRINTING OFFICE

U.S. DEPARTMENT OF HEALTH, EDUCATION, AND WELFAR

OFFICE OF EDUCATION

Purposes of the State Flan

THE STATE PLAN GUIDE

The approved State plan is the basis upon which eligibility of the State for Federal funds is determined and is a commitment by the State with regard to the operation of the program of vocational education in the State for which Federal and matching State and/or local funds are used.

The plan provides a general statement of the State board's programs and policies, methods, and procedures to be followed in administering them; serves as a basis for administrative decisions concerning the State's participation in the

Federal program; sets forth legislation accepting the provisions of the Vocational Education Act of 1963, the Smith-Hughes Act, the George-Barden Act, and supplementary acts and the benefits derived therefrom; shows how the individual State laws and procedures meet the requirements of the Federal statutes; and includes the policies to be followed by the State in maintaining, extending, and improving existing programs and developing new programs of vocational education so that persons of all ages in all communities of the State will have ready access to vocational training or retraining which is of high quality, with offerings which have been developed in the light of actual and anticipated opportunities for employment, and which is suited to the needs, interests, and ability of such persons to benefit from such training.

Applicability of State Flan all States which plan to (1) request allotments of Federal funds under the Vocational Education Act of 1963, or (2) transfer allotments from the SmithHughes, George-Barden and supplementary acts (extending the provisions of the Smith-Hughes and George-Barden Acts of Fuerto Rico, Virgin Islands, Guan, and American Samoa) to the allotment under section 3 of the 1963 Act, are required to submit a State plan in accordance with the regulations in 45 CFR Part 104, promulgated on 1964. This guide is designed to assist the States in preparing such a state plan.

As indicated in 45 CFR 104.56 of the regulations,

States which do not plan to request allotments under the 1963 Act or transfer funds from allotments under the Smith-Hughes, George-Barden, and supplementary acts to the allotment under section 3 of the 1963 Act may submit a State plan in accordance with the regulations in 45 CFR Tart 104 and this State plan guide, but are not required to do so. These States, if they choose, may continue to use their State plans currently in effect and be governed by the 1958 regulations in 45 CFR Part 102 (governing Smith-Hughes and George-Barden titles I and III programs) and 45 CFR Tart 103 (governing practical nurse training programs). Notwithstanding any provisions contained in regulations in arts 102 and 103, the State may, if it chooses to do so, amend its State plan to conform with the amendments in subsections (b), (c), (d), and (e) in section 10 of the 1963 Act, all of which liberalize to some extent the provisions in the Smith-Hughes and George-Barden Acts with respect to agricultural, home economics, distributive, and trade and industrial education, A* State may also, under its current State plan, transfer all or part of its funds from one allotment under the Smith-Hughes, George Barden and supplementray acts to another allotment or allotments under these acts in accordance with the provisions in section 10(a) of the 1963 Act and regulations in 45 CFR

Content of State lan The State plan, as developed in accordance with this State plan guide, is intended to be a comprehensive statement of the State board's policies and operations with respect to the use of Federal funds under the acts for vocational education purposes. Thus the information called for in this State plan guide departs somewhat from that of previous State plan guides in that it requires the inclusion in the State plan of certain provisions in the Federal acts and regulations, some of which are to be quoted verbatim either from the regulations or from the guide itself. The purpose of this procedure is to make the State plan a self-contained document which includes all provisions, standards, and requirements pertaining to the administration of vocational education programs within the State. Consequently, the State plan drafted in this form should have great value as an official guide for vocational education personnel on both the State and local levels as well as an agreement between the State board and the U.S. Office of Education.

& State plan should not contain descriptions or provisions for programs which do not meet the standards for the use of Federal funds. Statements of philosophy, argumentation, expression of hopes and unattainable standards are inappropriate in a State plan.

The plan is, of course,

to be kept up to date by amendment as needed to reflect changes in programs, laws, organization, procedures and standards necessary in meeting changing vocational education in the State.

State plan statements should be clear and brief. different parts of the plan should be avoided.

Inconsistencies between the

Crganization of Topical Outline The material in this topical outline is organized in the same manner as the rules and regulations for the administration of vocational education (45 CFR 104), and the items in the outline follow roughly in the same order as the sections in those regulations.

Section 1.0 corresponds to regulations 104,2 to 194.12, and contains the general State plan provisions governing administration of all vocational educa. tion programs, services, and activities under all the acts (unless otherwise specifically indicated).

Section 2.0 corresponds to regulations 104.13 to 194,16, and contains those State plan provisions governing programs of vocational instruction. Unless otherwise indicated, the items in this section govern all such programs under all the acts. In some cases cross references are made to specific items in section 8.0 which contain special provisions dealing with the same aspect of Vocational instruction, but which apply only to a specific allotment under the Smith-Hughes or George-Berden Acts.

Section 3.0 corresponds to regulations 104, 18 to 104.21, and contains those State plan provisions governing the various ancillary services and activities supporting vocational instruction--namely, guidance and counseling, teacher training, research, demonstration and experimental programs, and administra tion, supervision, and evaluation. Unless otherwise indicated, the items in this section govern all such services and activities under all the acts. & few instances cross references are made to items in section 8.0 containing special provisions which apply only to specific Smith-Hughes and George

In