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scribed in 34 CFR 401.71 and 34 CFR 401.72;

(ii) Consumer and


Education Program as described in 34 CFR 401.73;

(iii) Adult Training, Retraining, and Employment Development Program as described in 34 CFR 401.75;

(iv) Comprehensive Career Guidance and Counseling Program as described in 34 CFR 401.76; and

(v) Industry-Education Partnership for Training in High-Technology Occupations Program as described in 34 CFR 401.78; and

(b) National Programs which include

(1) The Bilingual Vocational Training Program as described in 34 CFR Part 407;

(2) The Bilingual Vocational Instructor Training Program as described in 34 CFR 408;

(3) The Bilingual Vocational Materials, Methods, and Techniques Program as described in 34 CFR Part 409; (4) The Indian and Hawaiian Natives Program as described in 34 CFR 410;

(5) Demonstration Centers for the Retraining of Dislocated Workers as described in 34 CFR Part 411;

(6) The Cooperative Demonstration Program as described in 34 CFR Part 412;

(7) The State Equipment Pools Programs as described in 34 CFR Part 414;

(8) Model Centers for Vocational Education for Older Individuals as described in 34 CFR Part 415;

(9) The National Vocational Education Research Program as described in 34 CFR Part 416; and

(10) The National Center for Research in Vocational Education as described in 34 CFR Part 417.

(Authority: 20 U.S.C. 2301 et seq.)

[50 FR 33231, Aug. 16, 1985]

§ 400.3 What regulations apply to the Vocational Education Programs?

In addition to the regulations contained in this part and the applicable program regulations, the programs under 34 CFR Parts 401, 407 through 412, and 414 through 417 are subject to the following Education Depart

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(b) Part 75 (Direct Grant Programs), which applies only to Parts 407 through 412 and Parts 414 through 417;

(c) Part 76 (State-Administered Programs), which applies only to Part 401; (d) Part 77 (Definitions that apply to Department of Regulations);

(e) Part 78 (Education Appeal Board); and

(f) Part 79 (Intergovernmental Review of Department of Education Programs and Activities) except that part 79 does not apply to any applications submitted by an Indian tribal organization that is eligible under 34 CFR 410.2(a)(1) of the Indian and Hawaiian Natives Program (34 CFR Part 410).

(Authority: 20 U.S.C. 2301 et seq.)

[50 FR 33231, Aug. 16, 1985, as amended at 55 FR 21715, May 25, 1990]

§ 400.4 What definitions apply to the Vocational Education Programs?

(a) Definitions in EDGAR. Unless otherwise provided, the following terms used in this part and 34 CFR Parts 401, 407 through 412, and 414 through 417 are defined in 34 CFR 77.1:

Acquisition Applicant Application







Federally recognized Indian tribal government

Fiscal year GEPA Grant Nonprofit Nonpublic Private


Secondary school Secretary


State educational agency Supplies

(b) Other definitions. The following definitions also apply to this part and 34 CFR Parts 401, 407 through 412, and 414 through 417:

Act means the Carl D. Perkins Vocational Education Act.

Administration means activities of a State necessary for the proper and efficient performance of its duties under the Act, including supervision, but not including curriculum development activities, personnel development, technical assistance, or research activities. Apprenticeship training program means a program registered with the Department of Labor or the State apprenticeship agency in accordance with the Act of August 16, 1937, known as the National Apprenticeship Act, which is conducted or sponsored by an employer, a group of employers, or a joint apprencticeship committee representing both employers and a union, and which contains all terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices.

Area vocational education school means

(1) A specialized high school used exclusively or principally for the provision of vocational education to individuals who are available for study in preparation for entering the labor market;

(2) The department of a high school exclusively or principally used for providing vocational education in no less than five different occupational fields to individuals who are available for study in preparation for entering the labor market;

(3) A technical institute or vocational school used exclusively or principally for the provision of vocational education to individuals who have completed or left high school and who are available for study in preparation for entering the labor market; or

(4) The department or division of a junior college or community college or university operating under the policies of the State board and which provides vocational education in no less than five different occupational fields leading to immediate employment but not necessarily leading to a baccalaureate degree, if, in the case of a school, department, or division described in

paragraphs (3) and (4) of this definition, it admits as regular students both indivduals who have completed high school and individuals who have left high school.

Career guidance and counseling means those programs

(1) Which pertain to the body of subject matter and related techniques and methods organized for the development in individuals of career awareness, career planning, career decisionmaking, placement skills, and knowledge and understanding of local, State, and national occupational, educational, and labor market needs, trends, and opportunities; and

(2) Which assist individuals in making and implementing informed educational and occupational choices. Community-based organization

means a private nonprofit organization of demonstrated effectiveness which is representative of communities or siginficant segments of communities and which provides job training services (for example, Opportunities Industrialization Centers, the National Urban League, SER-jobs for Progress, United Way of America, Mainstream, the National Puerto Rican Forum, National Council of La Raza, 70,001, Jobs for Youth, organizations operating career intern programs, neighborhood groups and organizations, community action agencies, community development corporations, vocational rehabilitation organizations, rehabilitation facilities (as defined in section 7(10) of the Rehabilitation Act of 1973), agencies serving youth, agencies serving the handicapped, agencies serving displaced homemakers, union-related organizations, and employer-related nonprofit organizations), or an organization of demostrated effectiveness serving nonreservation Indians (including the National Urban Indian Council), as well as tribal governments and Native Alaskan groups.

(Authority: Sec. 4(5) of the Job Training Partnership Act)

Construction includes construction of new buildings and acquisition, and expansion, remodeling, and alteration of existing buildings, and includes site grading and improvement and architect fees.

Cooperative education means a method of instruction of vocational education for individuals who, through written cooperative arrangements between the school and employers, receive instruction, including required academic course and related vocational instruction by alternation of study in school with a job in any occupational field, but the two experiences must be planned and supervised by the school and employers so that each contributes to the student's education and employability. Work periods and school attendance may be on alternate half days, full days, weeks, or other periods of time in fulfilling the cooperative program.

Criminal offender means any individual who is charged with or convicted of any criminal offense, including a youth offender or a juvenile offender. Correctional institution means


(1) Prison;

(2) Jail;

(3) Reformatory;

(4) Work farm;

(5) Detention center; or

(6) Halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders.

Curriculum materials means instructional and related or supportive material, including materials using advanced learning technology, in any occupational field which is designed to strengthen the academic foundation and prepare individuals for employment at the entry level or to upgrade occupational competencies of those previously or presently employed in any occupational field, and appropriate counseling and guidance material. Disadvantaged means individuals (other than handicapped individuals) who have economic or academic disadvantages and who require special services and assistance in order to enable them to succeed in vocational educational programs. The term includes individuals who are members of economically disadvantaged families, migrants, individuals who have limited English proficiency and individuals who are dropouts from, or who are identified as potential dropouts from,

secondary school. For the purpose of this definition, an individual who scores at or below the 25th percentile on a standardized achievement or aptitude test, whose secondary school grades are below 2.0 on a 4.0 scale (where the grade "A" equals 4.0), or fails to attain minimal academic competencies may be considered "academically disadvantaged." The definition does not include individuals with learning disabilities.

(House Report No. 98-1129, 98th Cong., 2d Sess. p. 100 (1984))

Economically depressed area means an economically integrated area within any State in which a chronically low level of economic activity or a deteriorating economic. base has caused such adverse effects as

(1) A rate of unemployment which has exceeded by 50 per centum or more the average rate of unemployment in the State, or in the Nation, for each of the three years preceding the year for which the designation is made; or

(2) A large concentration of lowincome families, the designation of which is approved by the Secretary as consistent with the purposes of the Act, with these criteria, and with such other criteria as the Secretary may prescribe.

Economically disadvantaged family or individual means a family or individual which the State board identifies as low income on the basis of uniform methods that are described in the State plan. A State must use one or more of the following standards as an indicator of low income:

(1) Annual income at or below the official poverty line established by the Director of the Office of Management and Budget.

(2) Eligibility for free or reducedpriced school lunch.

(3) Eligibility for Aid to Families with Dependent Children or other public assistance programs.

(4) Receipt of a Pell Grant or comparable State program of need-based financial assistance.

(5) Eligibility for participation in programs assisted under Title II of the JTPA.

Eligible recipient means a local educational agency or a postsecondary educational institution.

Handicapped, when applied to individuals, means individuals who are mentally retarded, hard of hearing, deaf, speech or language impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, other health impaired, deafblind, multi-handicapped, or persons with specific learning disabilities, who by reason thereof require special education and related services, and who, because of their handicapping condition, cannot succeed in the regular vocational education program without special education assistance.

High technology means state-of-theart computer, microelectronic, hydraulic, pneumatic, laser, nuclear, chemical, telecommunication, and other technologies being used to enhance productivity in manufacturing, communication, transportation, agriculture, mining, energy, commercial, and similar economic activity, and to improve the provision of health care.

Homemaker means an individual


(1) Is an adult; and

(2) Has worked as an adult primarily without remuneration to care for the home and family, and for that reason has diminished marketable skills.

Institution of higher education means an institution of higher education as defined in section 1201 of the Higher Education Act of 1965.

JTPA means the Job Training Partnership Act (Pub.L. 97-300).

Limited English proficiency, when used with reference to individuals, means individuals

(1)(i) Who were not born in the United States or whose native language is a language other than English;

(ii) Who came from environments where a language other than English is dominant; or

(iii) Who are American Indian and Alaskan Native students and who come from environments where a language other than English has had a significant impact on their level of English language proficiency; and

(2) Who by reason thereof, have sufficient difficulty speaking, reading,

writing, or understanding the English language to deny those individuals the opportunity to learn successfully in classrooms where the language of instruction is English or to participate fully in our society.

(Authority: 20 U.S.C. 3223)

Local educational agency means a board of education or other legally constituted local school authority having administrative control and direction of public elementary or secondary schools in a city, county, township, school district, or political subdivision in a State, or any other public educational institution or agency having administrative control and direction of a vocational education program.

Postsecondary educational institution means an institution legally authorized to provide postsecondary education within a State, or any postsecondary educational institution operated by or on behalf of any Indian tribe which is eligible to contract with the Secretary of the Interior for the administration of programs under the Indian Self-Determination and Education Assistance Act or under the Act of April 16, 1934.

Private vocational training institu tion means a business or trade school, or technical institution or other technical or vocational school, in any State, which

(1) Admits as regular students only persons who have completed or left elementary or secondary school and who have the ability to benefit from the training offered by the institution;

(2) Is legally authorized to provide, and provides within that State, a program of postsecondary vocational or technical education designed to fit individuals for useful employment in recognized occupations;

(3) Has been in existance for two years or has been specially accredited by the Secretary as an institution meeting the other requirements of this definition; and

(4) Is accredited

(i) by a nationally recognized accrediting agency or association listed by the Secretary;

(ii) If the Secretary determines that there is no nationally recognized ac

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crediting agency or association qualified to accredit schools of a particular category, by a State agency listed by the Secretaray; or

(iii) If the Secretary determines that there is no nationally recognized or State agency or association qualified to accredit schools of a particular category, by an advisory committee appointed by the Secretary and composed of persons specially qualified to evaluate training provided by schools of the category, which comittee shall prescribe the standards of content, scope, and quality which must be met by those schools and shall also determine whether particular schools meet those standards.

Program year means a period beginning on July 1 and ending on the following June 30.

School facilities means classrooms and related facilities, including initial equipment, and interests in lands on which the facilities are constructed. The term does not include any facility intended primarily for events for which admission is to be charged to the general public.

Single parent means an individual who

(1) Is unmarried or legally separated from a spouse; and

(2) Has a minor child or children for which the parent has either custody or joint custody.

Small business means for-profit enterprises employing five hundred or fewer employees.

State means any of the 50 States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands.

State board means a State board designated or created by State law as the sole State agency responsible for the administration of vocational education, or for supervision of the administration of vocational education in the State.

State council means the State council on vocational education established in accordance with section 112 of the Act.

Vocational education means organized educational programs which are directly related to the preparation of

individuals for paid or unpaid employment, in such fields as agriculture, business occupations, home economics, health occupations, marketing and distributive occupations, technical and emerging occupations, modern industrial and agriculture arts, and trades and industrial occupations, or for additional preparation for a career in those fields, and in other occupations requiring other than a baccalaureate or advanced degree and vocational student organization activities as an integral part of the program. For purposes of this definition, “organized education program" means only

(1) Instruction, including career guidance and counseling, related to the occupation or occupations for which the students are in training or instruction necessary for students to benefit from that training; and

(2) The acquisition, including leasing, maintenance, and repair, of instructional equipment, supplies, and teaching aids. The term does not mean construction, acquisition of initial equipment or buildings, or the acquisition or rental of land.

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