Sec.

Subpart B-How Does a State Participate in the State Vocational Education Program? 401.10 What is the State board? 401.11 What are the principal responsibilites of the State board?

401.12 What are the additional responsibilities of the State board? 401.13 What are the personnel requirements regarding the elimination of sex discrimination and sex stereotyping? 401.14 Must a State establish a State council on vocational education? 401.15 What are the membership requirements of the State council on vocational education?

401.16 What are the responsibilities of the State council on vocational education? 401.17 What are the State plan requirements?

401.18 How is the State plan developed? 401.19 What must the State plan contain? 401.20 What procedures does a State use to submit its State plan?

401.21 When are amendments to State plans required?

401.22 What is the maintenance of fiscal effort requirement under the State Vocational Education Program?

Subpart C-How Does the Secretary Make a Grant to a State?

401.30 How Does the Secretary make allotments under the State Vocational Education Program?

401.31 How does the Secretary make reallotments under the State Vocational Education Program?

401.32 When does the Secretary approve State plans and amendments?

Subpart D-How Does a State Make an Award to an Eligible Recipient?

401.40 How does a State carry out the State Vocational Education Program? 401.41 What are the local application requirements under the State Vocational Education Program?

Subpart E-What Kinds of Activities Does the Secretary Assist Under the Basic State Grant?

401.50 What are the components of the basic grant?

401.51 What is the Vocational Education Opportuntities Program?

401.52 How may funds under the Vocational Education Opportunities Program be used to serve handicapped individuals? 401.53 How may funds under the Vocational Education Opporunities Program be used to serve disadvantaged individuals?

Sec. 401.54 How may funds under the Vocational Education Opportunities Program be used to serve adults who are in need of training or retraining?

401.55 How may funds under the Vocational Education Opportunities Program be used to serve individuals who are single parents,homemakers, or single pregnant

women?

401.56 How may funds under the Vocational Education Opportunities Program be used to serve individuals who participate in programs designed to eliminate sex bias and stereotyping in vocational education?

401.57 How may funds under the Vocational Education Opportunities Program be used for criminal offenders who are serving in a correctional institution? 401.58 In what additional ways may funds under the Vocational Education Opportunities Program be used?

401.59 What is the Vocational Education Improvement, Innovation, and Expansion Program?

401.60 How may funds under the Vocational Education Improvement, Innovation, and Expansion Program be used? 401.61 How may a State distribute funds under the Vocational Education Improvement, Innovation, and Expansion Program?

Subpart F-What Kinds of Activities Does the Secretary Assist Under the Special Programs?

401.70 What are the Special Programs? 401.71 What activities does the Secretary support under the State Assistance for Vocational Education Support Program by Community-Based Organizations? 401.72 What are the application requirements for the State Assistance for Vocational Education Support Programs by Community-Based Organizations? 401.73 What activities does the Secretary support under the Consumer and Homemaking Education Program? 401.74 What are the purposes of the Adult Training, Retraining, and Employment Development Program?

401.75 What activities does the Secretary support under the Adult Training, Retraining, and Employment Development Program?

401.76 What activities does the Secretary support under the Comprehensive Career Guidance and Counseling Program?

401.77 What are the purposes of the Industry-Education Partnership or Training in High-Technology Occupations Program?

Sec.

401.78 What activities does the Secretary support under the Industry-Education Partnership for Training in High-Technology Occupations Program? 401.79 What are the special considerations under the Industry-Education Partnership for Training in High-Technology Occupations Program?

401.80 What additional fiscal requirements apply to the Industry-Education Partnership for Training in High-Technology Occupations Program?

Subpart G-What Conditions Must the State Meet Under the State Vocational Education Program?

401.90 How does a State reserve funds under the basic State grant? 401.91 How does a State reserve funds under the basic State grant for State administration?

401.92 How does a State reserve funds under the Vocational Education Opportunities Program?

401.93 What are the administrative cost requirements under the State Vocational Education Program? 401.94 What are the cost-sharing requirements under the State Vocational Education Program?

401.95 How does a State allocate funds for handicapped individuals under the Vocational Education Opportunities Program?

401.96 How does a State allocate funds for disadvantaged individuals under the Vocational Education Opportunities Program? 401.97 How does a State match funds for handicapped individuals and disadvantaged individuals under the Vocational Education Opportunities Program? 401.98 How does an eligible recipient use community-based organizations under the Vocational Education Opportunities Program?

401.99 What kinds of joint projects are au

thorized under the Vocational Education Opportunities Program? 401.100 How does a State distribute funds

not reserved for handicapped or disadvantaged individuals under the Vocational Education Opportunities Program?

401.101 What are the "equal access" provisions that apply to handicapped individuals and disadvantaged individuals under the Vocational Education Opportunities Program?

401.102 How must funds be used under the Consumer and Homemaking Education Program?

Sec. 401.103 How must a State use funds under the Adult Training, Retraining, and Employment Development Program? 401.104 How must a State coordinate programs under the Adult Training, Retraining, and Employment Development Program?

401.105 How must funds be used under the Comprehensive Career Guidance and Counseling Program?

Subpart H-What are the Administrative Responsibilities of a State Under the State Vocational Education Program?

401.110 What are a State's responsibilities regarding the Vocational Education Data System?

401.111 What are a State's responsibilities regarding a State occupational information coordinating committee? 401.112 What are a State's audit responsibilities under the Act?

401.113 What are a State's responsibilities to the National Center for Research in Vocational Education?

Subpart 1-What are the Enforcement Procedures Under the State Vocational Education Program?

401.120 What enforcement procedures may the Secretary use?

401.121 How under the Act may an eligible recipient appeal a final action of a State board?

AUTHORITY: 20 U.S.C. 2301 et seq., unless otherwise noted.

SOURCE: 50 FR 33235, Aug. 16, 1985, unless otherwise noted.

Subpart A-General

§ 401.1 What is the State Vocational Education Program?

(a) Under the State Vocational Education Program, the Secretary makes grants to States, to assist them, local educational agencies, postsecondary educational institutions, and other agencies and institutions to administer the Federally assisted vocational education programs that are authorized by the Act.

(b) The State Vocational Education Program consists of the programs under the basic State grant for vocational education authorized by Title II of the Act and the Special Programs authorized by Title III of the Act. (Authority: 20 U.S.C. 2301 et seq.)

§ 401.2 What regulations apply to the State Vocational Education Program? The following regulations apply to the State Vocational Education Program:

(a) The regulations in 34 CFR Part 400.

(b) The regulations in this part. (Authority: 20 U.S.C. 2301 et seq.)

§ 401.3 What definitions apply to the State Vocational Education Program?

The definitions in 34 CFR 400.4 apply to the State Vocational Education Program.

(Authority: Sec. 521; 20 U.S.C. 2471)

Subpart B-How Does a State Participate in the State Vocational Education Program?

§ 401.10 What is the State board?

A State that desires to participate in the programs authorized by the Act shall, consistent with State law, designate or establish a State board of vocational education which shall be the sole State agency responsible for the administration or the supervision of the State's vocational education program.

(Authority: Sec. 111(a); 20 U.S.C. 2321(a))

§ 401.11 What are the principal responsibilities of the State board?

The principal responsibilities of the State board must include

(a) The coordination of the development, submission, and implementation of the State plan;

(b) The evaluation of the programs, services, and activities assisted under the Act, as required by § 401.19(a) (8) and (9);

(c) The development, in consultation with the State council on vocational education, and the submission to the Secretary of the State plan;

(d) Consultation with the State council on vocational education and other appropriate agencies, groups, and individuals involved in the planning, administration, evaluation, and coordination of programs under the

Act;

(e) Convening and meeting as a State board, consistent with State law

and procedure, when the State board determines it is necessary to meet to carry out its functions under the Act, but not less than four times annually; and

(f) The adoption of those procedures the State board considers necessary to implement State level coordination with the State job training coordinating council in order to encourage cooperation between programs under the Act and programs under the JTPA. (Authority: Sec. 111(a); 20 U.S.C. 2321(a)) § 401.12 What are the additional responsibilities of the State board?

(a) The State board shall make available to each private industry council (PIC) established within the State under section 102 of the JTPA a current listing of all programs assisted under the Act.

(b)(1) The State board, in consultation with the State council on vocational education established under § 401.14, shall establish at least two technical committees to advise the State council and the State board on the development of model curricula to address State labor market needs. The technical committees shall develop an inventory of skills that may be used by the State board to define state-of-theart model curricula. This inventory must identify the type of and level of knowledge and skills needed for entry, retention, and advancement in occupational areas taught in the State.

(2) The State board shall establish procedures for membership, operation, and duration of the technical committees that are consistent with the purposes of the Act. Their membership must be composed of representatives of

(i) Employers from any relevant industry or occupation for which the committee is established;

(ii) Trade or professional organizations representing any relevant occupations; and

(iii) Organized labor, where appropriate.

(3)(i) A State may use funds reserved under § 401.90(b)(2) for the Vocational Education Improvement, Innovation, and Expansion Program to support the activities of the technical

committees it establishes under paragraph (b)(1) of this section.

(ii) For the purpose of § 401.19(a)(4), regarding the requirement that a State distribute at least eighty percent of its total basic State grant allotment to eligible recipients, a State shall consider the funds used to support the technical committees as part of the State's portion (the portion that may not exceed twenty percent) of the State's allotment.

(c) The State board shall identify as a State imposed requirement any State rule or policy it imposes relating to the administration and operation of programs funded under the Act, including any rule or policy based on the State board's interpretation of any Federal law, regulation, or guideline.

(d) Except for the functions described in § 401.11, the State board may delegate any of its other administrative, operational, or supervisory responsibilities, in whole or in part, to one or more appropriate State agencies.

(Authority: Secs. 111(a), (c), (d), (e), 521(1); 20 U.S.C. 2321(a), (c), (d), (e), 2471(1))

[50 FR 33235, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985]

§ 401.13 What are the personnel requirements regarding the elimination of sex discrimination and sex stereotyping? (a) A State that desires to participate in the State Vocational Education Program shall assign one individual, within the appropriate agency established or designated by the State board under § 401.12(d) to administer vocational education programs within the State, to work full time to assist the State board to fulfill the purposes of the Act by

(1) Administering the program of vocational education for single parents, homemakers, and single pregnant women described in § 401.55 and the sex equity program described in § 401.56;

(2) Gathering, analyzing, and disseminating data on the

(i) Adequacy and effectiveness of vocational education programs in the State in meeting the education and employment needs of women, including the preparation of women for employment in technical occupations,

new and emerging occupational fields, and occupations regarded as nontraditional for women; and

(ii) Status of men and women students and employees in the programs in paragraph (a)(2)(i) of this section;

(3)(i) Reviewing vocational educational programs, including career guidance and counseling, for sex stereotyping and sex bias, with particular attention to practices which tend to inhibit the entry of women in high technology occupations; and

(ii) Submitting recommendations for inclusion in the State plan for programs and policies to overcome sex bias and sex stereotyping in the programs in paragraph (a)(3)(i) of this section;

(4) Submitting to the State board an assessment of the State's progress in meeting the purposes of the Act with regard to overcoming sex discrimination and sex stereotyping;

(5) Reviewing proposed actions on grants, contracts, and the policies of the State board to ensure that the needs of women are addressed in the administration of that Act;

(6) Developing recommendations for programs of information and outreach to women concerning vocational education and employment opportunities for women, including opportunities for careers as technicians and skilled workers in technical fields and new and emerging occupational fields;

(7) Providing technical assistance and advice to local educational agencies, postsecondary institutions, and other interested parties in the State, on expanding vocational opportunities for women; and

(8) Assisting administrators, instructors, and counselors in implementing programs and activities to increase access for women, including displaced homemakers and single heads of households, to vocational education and to increase male and female students' enrollment in nontraditional programs.

(b) A State shall, in accordance with § 401.91(b), reserve at least $60,000 to carry out the provisions of paragraph (a) of this section, including the provision of necessary and reasonable staff support.

(c) For the purposes of this section, the term "State" includes only the fifty States and the District of Columbia.

(Approved by the Office of Management and Budget under control number 18300030)

(Authority: 20 U.S.C. 2321(b), 2331)

[50 FR 33235, Aug. 16, 1985, as amended at 51 FR 25493, July 14, 1986; 53 FR 35258, Sept. 12, 1988]

§ 401.14 Must a State establish a State council on vocational education?

A State that desires to participate in the State Vocational. Education Program shall establish a State council on vocational education, which must be appointed

(a) By the Governor; or

(b) In the case of States in which the members of State board of education are elected, including election by the State legislature, by the State board of education.

(Authority: Sec. 112(a); 20 U.S.C. 2322(a); House Report No. 98-1129, 98th Cong, 2d Sess, p. 89 (1984))

[51 FR 25493, July 14, 1986]

§ 401.15 What are the membership requirements of the State council on vocational education?

(a) Each State council must be composed of thirteen individuals, and must be broadly representative of citizens and groups within the State having an interest in vocational education.

(b) Each State council must consist of

(1) Seven individuals who are representative of the private sector in the State and who must constitute a majority of the membership—

(i) Five of whom must be representative of business, industry, and agriculture including

(A) One member who is representative of small business concerns; and

(B) One member who is a private sector member of the State job training coordinating council established pursuant to section 122 of the JTPA; and

(ii) Two of whom must be representatives of labor organizations; and

(2) Six individuals, one of whom must be representative of special education, who are representative of—

(i) Secondary and postsecondary vocational institutions (equitably distributed among those institutions);

(ii) Career guidance and counseling organizations within the State; and

(iii) Individuals who have special knowledge and qualifications with respect to the special educational and career development needs of special populations, including women, disadvantaged individuals, handicapped individuals, individuals with limited English proficiency, and minorities.

(c) In selecting individuals to serve on the State council on vocational education, the State shall give due consideration to the appointment of individuals who serve on a private industry council under the JTPA, or on State councils established under other related Federal programs.

(d) Each State shall certify to the Secretary the establishment and membership of the State council by the beginning of each State plan period described in § 401.17.

(Authority: Sec. 112(a), (b); 20 U.S.C. 2322(a), (b))

[50 FR 33235, Aug. 16, 1985, as amended at 51 FR 25493, July 14, 1986]

§ 401.16 What are the responsibilities of the State council on vocational education?

(a)(1) The State council on vocational education shall meet as soon as practical after the Secretary accepts its certification and shall select from among its membership a chairperson who must be a representative of the private sector.

(2) The State council on vocational education shall adopt rules that govern the time, place, and manner of meeting, as well as council operating procedures and staffing. The rules must provide for at least one public meeting each year at which the public is given an opportunity to express views concerning the vocational education program of the State.

(b) Each State council on vocational education, during each State plan period described in § 401.17 unless oth