The Code of Federal Regulations of the United States of America

§ 401.111 What are a State's responsibilities regarding a State occupational information coordinating committee?

(a) A State that receives funds under the Act shall establish a State occupational information coordinating committee composed of representatives of the State board, the State employment security agency, the State economic development agency, the State job training coordinating council, and the agency administering the vocational rehabilitation program.

(b) With funds made available to it by the National Occupational Information Coordinating Committee, the State occupational information coordinating committee shall

(1) Implement an occupational information system in the State which will meet the common needs for the planning and operation of programs of the State board assisted under the Act and the programs of the administering agencies under the JTPA; and

(2) Use the occupational information system to implement a career information delivery system.

(Authority: Sec. 422(b); 20 U.S.C. 2422(b))

§ 401.112 What are a State's audit responsibilities under the Act?

A State shall obtain financial and compliance audits of any funds which it receives under the Act, and shall make these audits public within the State on a timely basis. Each State shall comply with the audit requirements of the Single Audit Act of 1984 with respect to any of its fiscal years that begin after December 31, 1984. (Approved by the Office of Management and Budget under control number 18300030)

(Authority: Sec. 505; 20 U.S.C. 2465; 31 U.S.C. 7501 et seq.)

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

A State shall forward to the National Center for Research in Vocational Education a copy of an abstract for each new research, curriculum development, or personnel development project it supports, and the final report on each project.

(Approved by the Office of Management and Budget under control number 18300011)

(Authority: Sec. 404(b)(6); 20 U.S.C. 2404(b)(6))

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

§ 401.120 What enforcement procedures may the Secretary use?

(a) In addition to using the enforcement procedures authorized by Part E of the General Education Provisions Act, the Secretary may withhold funds under the State Vocational Education Program in accordance with the provisions of section 504 of the Act. Hearings under section 504 of the Act are conducted by the Education Appeal Board.

(b)(1) The Secretary conducts any hearings held under section 453 of the General Education Provisions Act in connection with funds under the State Vocational Education Program in the State of the affected unit of local government or geographic area within the State.

(2) For the purposes of paragraph (b)(1) of this section

(i) "Unit of local government" means a county, municipality, town, township, village, or other unit of general government below the State level; and

(ii) "Geographic area within State" means a special purpose district or other region recognized for governmental purposes within that State which is not a unit of local government.

(Authority: Sec. 504 (a), (b), (d); 20 U.S.C. 1234, 2464 (a), (b), (d))

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

In accordance with the provisions of section 504(c) of the Act, an eligible recipient that is dissatisfied with the final action of the State board, or other appropriate State administering agency, with respect to the approval of its local application, may file a petition for the review of that action with the United States Court of Appeals for

(3) Postsecondary educational institutions.

nonprofit vocational

(4) Private training institutions.

(5) Other nonprofit organizations specially created to serve individuals who normally use a language other than English.

(b) Private for-profit agencies and organizations are eligible for contracts under this program.

(Authority: Sec. 441(a); 20 U.S.C. 2441(a))

§ 407.3 What regulations apply to this program?

The following regulations apply to the Bilingual Vocational Training Program:

(a) The regulations in 34 CFR Part 400.

(b) The regulations in this part. (Authority: Sec. 441(a); 20 U.S.C. 2441(a))

§ 407.4 What definitions apply to this program?

The definitions in 34 CFR 400.4 apply to this program.

(Authority: Sec. 441(a); 20 U.S.C. 2441(a))

Subpart B-What Kinds of Activities Does the Secretary Assist Under This Program?

§ 407.10 What types of projects may be funded?

(a) The Secretary provides assistance through grants, contracts, or cooperative agreements for—

(1) Bilingual vocational training projects for individuals who have completed or left elementary or secondary school and who are available for education in a postsecondary educational institution;

(2) Bilingual vocational education and training projects for individuals who have already entered the labor market and who desire or need train

§ 407.20 What must an application include?

(a) An application must

(1) Provide that the activities and services for which assistance is sought I will be administered by or under the supervision of the applicant;

(2) Describe a project of a size, scope, and design that will make a substantial contribution toward carrying out the purpose of this program; and

(3) Be submitted to the State board or agency designated or established under section 111 of the Act for review and comment, including comment on the relationship of the proposed project to the State's vocational education program.

(b) An applicant shall include any comments received under paragraph (a)(3) of this section with the application.

(Approved by the Office of Management and Budget under control number 18300013)

(Authority: Sec. 441(d) (1), (2); 20 U.S.C. 2441(d) (1), (2))

Subpart D-How Does the Secretary Make a Grant?

§ 407.30 How does the Secretary evaluate an application?

(a) The Secretary evaluates an application for a grant or cooperative agreement on the basis of the criteria in § 407.31.

(b) The Secretary may award up to 100 points, including a reserved 15 points to be distributed in accordance with paragraph (d) of this section, based on the criteria in § 407.31.

(c) Subject to paragraph (d) of this section, the maximum possible points for each criterion is indicated in parentheses after the heading for each criterion.

(d) For each competition, as announced in a notice published in the FEDERAL REGISTER, the Secretary may assign the reserved 15 points among the criteria in § 407.31.

(e) Prior to making an award, the Secretary consults with the State board designated or established under section 111 of the Act to ensure an equitable distribution of assistance among populations of individuals with limited English proficiency within the State.

(Authority: Sec. 441(a), (d)(5); 20 U.S.C. 2441(a), (d)(5))

(ii) The relationship of the project to any appropriate economic development plan.

(b) Plan of operation. (10 points)

(1) The Secretary reviews each application for information that shows the quality of the plan of operation for the project.

(2) The Secretary looks for information that shows

(i) High quality in the design of the project;

(ii) An effective plan of management that ensures proper and efficient administration of the project;

(iii) A clear description of how the objectives of the project relate to the purpose of the program;

(iv) The way the applicant plans to use its resources and personnel to achieve each objective; and

(v) A clear description of how the applicant will provide equal access and treatment for eligible project participants who are members of groups that have been traditionally underrepresented, such as

(A) Members of racial or ethnic minority groups;

(B) Women;

(1) The Secretary reviews each application for information that shows the applicant's understanding of key program factors.

(2) The Secretary looks for information that shows

(i) An understanding of the key methodologies and techniques used in bilingual vocational training such as

(A) Providing training and instruction in English and the native languages of the trainees;

(B) Providing job-related English-asa-second language instruction;

(D) Providing training and guidence to prepare trainees for working in an English language environment;

(ii) Procedures for recruiting persons with limited English proficiency who are in the greatest need for bilingual vocational training;

(iii) Procedures for evaluating the skills and needs of trainees;

(iv) An understanding of the importance of appropriate counseling and follow-up activities with former trainees;

(v) That the training will provide opportunities for employment in jobs that have potential for career advancement or opportunities for entrepreneurship; and

(vi) That the project will be coordinated with the State board or agency designated or established under section III of the Act.

(d) Quality of key personnel. (10 points)

(1) The Secretary reviews each application for information that shows the qualifications of the key personnel the applicant plans to use on the project.

(2) The Secretary looks for information that shows

(i) The qualifications of the project director (if one is to be used);

(ii) The qualifications of each of the other key personnel to be used in the project;

(iii) The time that each person referred to in paragraphs (d)(2) (i) and (ii) of this section will commit to the project; and

(iv) The extent to which the applicant, as part of its nondiscriminatory employment practices, encourages applications for employment from persons who are members of groups that have been traditionally underrepresented, such as

(A) Members of racial or ethnic minority groups;

(B) Women;

(3) To determine personnel qualifications, the Secretary considers experience and training, in fields related to the objectives of the project, as well as other information that the applicant provides.

(e) Budget and cost effectiveness. (10 points)

(1) The Secretary reviews each application for information that shows that the project has an adequate budget and is cost effective.

(2) The Secretary looks for information that shows

(i) The budget for the project is adequate to support the project activities; and

(ii) Costs are reasonable in relation to the objectives of the project.

(f) Evaluation plan. (5 points)

(1) The Secretary reviews each application for information that shows the quality of the evaluation plan for the project.

CROSS-REFERENCE: See 34 CFR 75.590 (Evaluation by the grantee).

(2) The Secretary looks for information that shows methods of evaluation that are appropriate for the project and, to the extent possible, are objective and produce data that are quantifiable.

(g) Adequacy of resources. (5 points)

(1) The Secretary reviews each application for information that shows that the applicant plans to devote adequate resources to the project.

(2) The Secretary looks for information that shows

(i) The facilities that the applicant plans to use are adequate; and

(ii) The equipment and supplies that the applicant plans to use are adequate.

(h) Private sector involvement. (5 points)

(1) The Secretary reviews each application for information that shows the involvement of the private sector. (2) The Secretary looks for information that shows

(i) Private sector involvement in the planning of the project; and

(ii) Private sector involvement in the operation of the project.

(i) Employment opportunities. (10 points)

The Secretary looks for information and documentation of the extent to which, upon the completion of their training under this program, more than 65 percent of the trainees will be employed in jobs (including military specialties) related to their training, or will be pursuing additional training related to their training under this program.

(Approved by the Office of Management and Budget under control number 18300013)

(Authority: Sec. 441(a); 20 U.S.C. 2441(a))

[50 FR 33251, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985]

§ 407.32 How does the Secretary select an application for funding?

(a) After evaluating the applications according to the criteria contained in § 407.31, and consulting with the appropriate State board under § 407.30(e), the Secretary determines whether the most highly rated applications are equitably distributed among populations of individuals with limited English proficiency within the affected State.

(b) The Secretary may select other applications for funding if doing so would improve the equitable distribution of projects under this program within the affected State.

(Authority: Sec. 441(d)(5); 20 U.S.C. 2441(d)(5))

[50 FR 33251, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985]

« Previous Continue »

Books