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annual amendments the State board determines to be necessary.

(b) Each State shall carry out its programs under the State Vocational Education Program on the basis of program years which coincide with program years under section 104(a) of the JTPA.

(c) The provisions of 34 CFR 76.103 do not apply to the State Vocational Education Program.

(Approved by the Office of Management and Budget under control number 18300029)

(Authority: Sec. 113(a)(1); 20 U.S.C. 2323(a)(1))

§ 401.18 How is the State plan developed? (a) In formulating the State plan, and any amendments to the State plan, the State board shall meet with and utilize the State council on vocational education established under § 401.14.

(b) After providing appropriate and sufficient notice to the public, the State board shall conduct at least two public hearings in the State for the purpose of affording all segments of the public and interested organizations and groups an opportunity to present their views and make recommendations regarding the State plan.

(c) In developing the State plan, the State board shall

(1) Assess the current and projected occupational needs and the current and projected demand for general occupational skills within the State;

(2) Examine the needs of students, including adults, in order to determine how best to improve student skill levels in light of the State's occupational and skill requirements;

(3) Assess the special needs of groups of individuals described in § 401.51 for access to vocational education and vocational services in terms of labor market needs;

(4) Assess the quality of vocational education in terms of—

(i) The pertinence of programs to the workplace and to new and emerging technologies;

(ii) The responsiveness of programs to the current and projected occupational needs in the State;

(iii) The capacity of programs to facilitate entry into, and participation

in, vocational eduction, and to ease the school-to-work and secondary-to-postsecondary transitions;

(iv) The technological and educational quality of vocational curricula, equipment, and instructional materials to enable vocational students and instructors to meet the challenges of increased technological demands of the workplace; and

(v) The capacity of vocational education programs to meet the needs for general occupational skills and the improvement of academic foundations in order to address the changing content of jobs;

(5) Determine the capacity of local educational agencies, with respect to secondary education, and postsecondary educational institutions, to deliver the vocational education services necessary to meet the needs identified through the assessments required by paragraphs (c) (1) through (4) of this section; and

(6) Determine, for each program year, how the services and activities supported under the Act may be expected to assist the State in meeting the needs identified through the assessments required by paragraphs (c) (1) through (4) of this section.

(Approved by the Office of Management and Budget under control number 18300029)

(Authority: Sec. 113(a)(3); 20 U.S.C. 2323(a)(3))

§ 401.19 What must the State plan contain?

(a) Assurances. To participate in the programs authorized under the State Vocational Education Program, the State shall include the following assurances in its State plan:

(1) That the State board will comply with the requirements of Titles I, II, III, and V of the Act (including the maintenance of fiscal effort requirement in § 401.22).

(Authority: Sec. 113(b)(1); 20 U.S.C. 2323(b)(1))

(2) That the State will comply with the distribution of assistance requirements contained in §§ 401.95 and 401.96.

(Authority: Sec. 113(b)(1)(B); 20 U.S.C. 2323(b)(1)(B))

(3) That, to the extent consistent with the number and location of handicapped and disadvantaged individuals who are enrolled in private elementary and secondary schools in the State, the State will provide for the participation of these individuals in the Vocational Education Opportunities Program.

(Authority: Sec. 113(b)(1)(C); 20 U.S.C. 2323(b)(1)(C))

(4) That the State will distribute at least eighty percent of its total basic State grant allotment to eligible recipients or combinations of eligible recipients. Funds distributed to Stateoperated schools or institutions are counted as if they were distributed to eligible recipients.

(Authority: Sec. 113(b)(4); 20 U.S.C. 2323(b)(4); House Report No. 98-1129, 98th Cong. 2d Sess. p. 96 (1984))

(5) That the State will distribute all of the State basic grant funds reserved for handicapped and disadvantaged individuals under § 401.92 (a) and (b) to eligible recipients or combinations of eligible recipients, in accordance with §§ 401.95 and 401.96.

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(6) That in using funds allotted for single parents, homemakers, or single pregnant women under § 401.92(d)—

(i) The State will emphasize assisting individuals with the greatest financial need; and

(ii) That in serving homemakers, the State will give special consideration to homemakers who, because of divorce, separation, or the death or disability of a spouse, must prepare for paid employment.

(Authority: 20 U.S.C. 2323(b)(7), 2331)

(7) That the State will provide relevant training and vocational education activities to men and women who desire to enter occupations that are not traditionally associated with their

sex.

(Authority: Sec. 113(b)(8); 20 U.S.C. 2323(b)(8))

(8) That the State will develop measures for evaluating the effectiveness of programs assisted under the Act in meeting the needs identified in the State plan, including measurements of such factors as

(i) The occupations to be trained for, which must reflect a realistic assessment of the labor market needs of the State;

(ii) The levels of skills, to be achieved in particular occupations, which must reflect the hiring needs of employers; and

(iii) The basic employment competencies to be used in performance outcomes, which must reflect the hiring needs of employers.

(Authority: Sec. 113(b)(9)(A); 20 U.S.C. 2323(b)(9)(A))

(9) That the State will establish appropriate measures for evaluating the effectiveness of programs for the handicapped under the Act, as a component of the measures developed under paragraph (a)(8) of this section. (Authority: Sec. 113(b)(9)(B); 20 U.S.C. 2323(b)(9)(B))

(10) That each program year the State will evaluate all of the projects, services, and activities, supported under this part, of at least twenty percent of the participating eligible recipients, so that by the end of a five year period every local program which has received Federal funds will have been evaluated.

(Authority: Sec. 113(b)(9)(C); 20 U.S.C. 2323(b)(9)(C); House Report No. 98-1129, 98th Cong. 2d Sess. p. 97 (1984))

(11) That the State will fund programs of personnel development and curriculum development that further the goals identified in the State plan. (Authority: Sec. 113(b)(11); 20 U.S.C. 2323(b)(11))

(12) That the vocational education needs of those identifiable segments of the population in the State that have the highest rates of unemployment have been thoroughly assessed, and that those needs are reflected in, and addressed by, the State plan.

(Authority: Sec. 113(b)(12); 2323(b)(12))

20 U.S.C.

annual amendments the State board determines to be necessary.

(b) Each State shall carry out its programs under the State Vocational Education Program on the basis of program years which coincide with program years under section 104(a) of the JTPA.

(c) The provisions of 34 CFR 76.103 do not apply to the State Vocational Education Program.

(Approved by the Office of Management and Budget under control number 18300029)

(Authority: Sec. 113(a)(1); 20 U.S.C. 2323(a)(1))

§ 401.18 How is the State plan developed? (a) In formulating the State plan, and any amendments to the State plan, the State board shall meet with and utilize the State council on vocational education established under § 401.14.

(b) After providing appropriate and sufficient notice to the public, the State board shall conduct at least two public hearings in the State for the purpose of affording all segments of the public and interested organizations and groups an opportunity to present their views and make recommendations regarding the State plan.

(c) In developing the State plan, the State board shall

(1) Assess the current and projected occupational needs and the current and projected demand for general occupational skills within the State;

(2) Examine the needs of students, including adults, in order to determine how best to improve student skill levels in light of the State's occupational and skill requirements;

(3) Assess the special needs of groups of individuals described in § 401.51 for access to vocational education and vocational services in terms of labor market needs;

(4) Assess the quality of vocational education in terms of

(i) The pertinence of programs to the workplace and to new and emerging technologies;

(ii) The responsiveness of programs to the current and projected occupational needs in the State;

(iii) The capacity of programs to facilitate entry into, and participation

in, vocational eduction, and to ease the school-to-work and secondary-to-postsecondary transitions;

(iv) The technological and educational quality of vocational curricula, equipment, and instructional materials to enable vocational students and instructors to meet the challenges of increased technological demands of the workplace; and

(v) The capacity of vocational education programs to meet the needs for general occupational skills and the improvement of academic foundations in order to address the changing content of jobs;

(5) Determine the capacity of local educational agencies, with respect to secondary education, and postsecondary educational institutions, to deliver the vocational education services necessary to meet the needs identified through the assessments required by paragraphs (c) (1) through (4) of this section; and

(6) Determine, for each program year, how the services and activities supported under the Act may be expected to assist the State in meeting the needs identified through the assessments required by paragraphs (c) (1) through (4) of this section.

(Approved by the Office of Management and Budget under control number 18300029)

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§ 401.19 What must the State plan contain?

(a) Assurances. To participate in the programs authorized under the State Vocational Education Program, the State shall include the following assurances in its State plan:

(1) That the State board will comply with the requirements of Titles I, II, III, and V of the Act (including the maintenance of fiscal effort requirement in § 401.22).

(Authority: Sec. 113(b)(1); 20 U.S.C. 2323(b)(1))

(2) That the State will comply with the distribution of assistance requirements contained in §§ 401.95 and 401.96.

(Authority: Sec. 113(b)(1)(B); 20 U.S.C. 2323(b)(1)(B))

(3) That, to the extent consistent with the number and location of handicapped and disadvantaged individuals who are enrolled in private elementary and secondary schools in the State, the State will provide for the participation of these individuals in the Vocational Education Opportunities Program.

(Authority: Sec. 113(b)(1)(C); 20 U.S.C. 2323(b)(1)(C))

(4) That the State will distribute at least eighty percent of its total basic State grant allotment to eligible recipients or combinations of eligible recipients. Funds distributed to Stateoperated schools or institutions are counted as if they were distributed to eligible recipients.

(Authority: Sec. 113(b)(4); 20 U.S.C. 2323(b)(4); House Report No. 98-1129, 98th Cong. 2d Sess. p. 96 (1984))

(5) That the State will distribute all of the State basic grant funds reserved for handicapped and disadvantaged individuals under § 401.92 (a) and (b) to eligible recipients or combinations of eligible recipients, in accordance with §§ 401.95 and 401.96.

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(6) That in using funds allotted for single parents, homemakers, or single pregnant women under § 401.92(d)

(i) The State will emphasize assisting individuals with the greatest financial need; and

(ii) That in serving homemakers, the State will give special consideration to homemakers who, because of divorce, separation, or the death or disability of a spouse, must prepare for paid employment.

(Authority: 20 U.S.C. 2323(b)(7), 2331)

(7) That the State will provide relevant training and vocational education activities to men and women who desire to enter occupations that are not traditionally associated with their

sex.

(Authority: Sec. 113(b)(8); 20 U.S.C. 2323(b)(8))

(8) That the State will develop measures for evaluating the effectiveness of programs assisted under the Act in meeting the needs identified in the State plan, including measurements of such factors as

(i) The occupations to be trained for, which must reflect a realistic assessment of the labor market needs of the State;

(ii) The levels of skills, to be achieved in particular occupations, which must reflect the hiring needs of employers; and

(iii) The basic employment competencies to be used in performance outcomes, which must reflect the hiring needs of employers.

(Authority: Sec. 113(b)(9)(A); 20 U.S.C. 2323(b)(9)(A))

(9) That the State will establish appropriate measures for evaluating the effectiveness of programs for the handicapped under the Act, as a component of the measures developed under paragraph (a)(8) of this section. (Authority: Sec. 113(b)(9)(B); 20 U.S.C. 2323(b)(9)(B))

(10) That each program year the State will evaluate all of the projects, services, and activities, supported under this part, of at least twenty percent of the participating eligible recipients, so that by the end of a five year period every local program which has received Federal funds will have been evaluated.

(Authority: Sec. 113(b)(9)(C); 20 U.S.C. 2323(b)(9)(C); House Report No. 98-1129, 98th Cong. 2d Sess. p. 97 (1984))

(11) That the State will fund programs of personnel development and curriculum development that further the goals identified in the State plan. (Authority: Sec. 113(b)(11); 20 U.S.C. 2323(b)(11))

(12) That the vocational education needs of those identifiable segments of the population in the State that have the highest rates of unemployment have been thoroughly assessed, and that those needs are reflected in, and addressed by, the State plan.

(Authority: Sec. 113(b)(12); 20 U.S.C. 2323(b)(12))

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(18) That the State, in using basic State grant funds reserved for vocational education services and activities for handicapped individuals and disadvantaged individuals under § 401.92, will

(i) Provide equal access to those individuals

(A) In recruitment, enrollment, and placement activities; and

(B) To the full range of vocational programs available to nonhandicapped and nondisadvantaged individuals, including occupationally specific courses of study, cooperative education, and apprenticeship programs; and

(ii) Provide vocational education programs and activities for handicapped individuals

(A) In the least restrictive environment in accordance with section 612(5)(B) of the Education of the Handicapped Act;

(B) Which are included, whenever appropriate, as a component of the individualized education program quired under section 612(4) and section 614(a)(5) of that Act; and

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(C) Which are planned through the coordination of appropriate representatives of vocational education and special education.

(Authority: Sec. 204(a); 20 U.S.C. 2334(a))

(19) That programs under the Adult Training, Retraining and Employment Development Program authorized by Title III, Part C of the Act

(i) Are designed with the active participation of the State council established under § 401.14;

(ii) Make maximum effective use of existing institutions, are planned to avoid duplication of programs or institutional capabilities, and, to the fullest extent practicable, are designed to strengthen institutional capacity to meet the education and training needs addressed by the Adult Training, Retraining, and Employment Development Program;

(iii) Involve close cooperation with and participation by public and private sector employers and public and private agencies working with problems of employment and training and economic development; and

(iv) Involve coordination with programs under the Rehabilitation Act of

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