courses for the special preparation of instructors for teaching the elements of agriculture and the mechanic arts.

§ 101.2 Manner in which funds are channeled to the States.

The Federal funds for the land-grant colleges and universities are channeled to the institutions as follows: From a study of the information contained in reports covering the preceding year from the presidents and treasurers of the landgrant colleges and universities together with further investigation if necessary, it is determined whether the several States and Territories are entitled to participate in the Federal appropriations. On or before July 1 each year the Secretary of Health, Education, and Welfare certifies to the Secretary of the Treasury as to each State and Territory whether it is entitled to receive its share of the annual appropriation for the land-grant colleges and universities, and the amount it is entitled to receive. On or before July 31 the Secretary of the Treasury pays to each State and Territory, to the State or Territorial treasurer, or to such officer as has been designated by the laws of the State or Territory to receive it, the amount it is entitled to receive. Immediately upon request of the appropriate officials of the land-grant colleges or universities the State or Territorial treasurers or other officers designated to receive the grants pay the money over to the treasurers of the land-grant institutions.

§ 101.3 Forms for reports from landgrant colleges and universities.

G, Federal

8-041 Part II Schedule Funds. 15 items. 1 page. 8-041 Part III Land-Grant Fund, First Morrill Act of 1862. 19 items. 2 pages. 8-041 Part IV Supplementary Morrill Funds. 1 page. Itemized report of Receipts and Disbursements of Morrill, Nelson and Bankhead-Jones funds.

§ 101.4 Withholding of grants.

In the event that the Secretary of Health, Education, and Welfare withholds certification from a State or Territory of its share of the appropriation, he reports the facts and reasons therefor to the President of the United States and the amount involved is kept separate in the Treasury until the close of the next Congress, in order that the State or Territory may, if it should so desire, appeal to Congress from the determination of the Secretary of Health, Education, and Welfare. If the next Congress does not direct such sum to be paid, it is covered into the Treasury.

The following forms, prepared by the Office of Education, are used by the presidents and treasurers of the land-grant colleges and universities for their annual reports to the office:

102.4

102.5

102.6

102.7

102.8

8-041 Part I Staff and Students for the Academic Year. Contains five schedules: A-Staff; B-Students; C-Enrollments and Degrees; D-Distribution of Degrees in Colleges of Arts and Sciences; E-Preparing for Teaching. 104 items. 4 pages.

8-041 Part II Financial Report for the Fiscal Year. Contains five schedules: A-Receipts Specifically Designated for Additions to Physical Plant and Additions to Endowments and to Other Nonexpendable Funds; B-General Income; C-Bond Issues and Other Borrowings; D-Expenditures by Function or Purpose; E-Fund and Plant Values. 58 items. 4 pages.

102.9

Public supervision or control.

Less than college grade.

Minimum qualifications of personnel.

Program of supervision.

102.10 Schools, equipment, and mainte

Sec.

102.107 Geographical areas to be served. 102.108 Training programs. 102.109 Occupations necessary for the national defense.

102.110 Instructional equipment and supplies.

102.111 Transportation of students. 102.112 Vocational guidance.

AUTHORITY: The provisions of this Part 102 issued under 39 Stat. 929 as amended, 60 Stat. 775 as amended, 72 Stat. 1597; 20 U.S.C. 11-15, 16-28, 15i-15q, 15aaa note, 15aaa-15ggg.

SOURCE: The provisions of this Part 102 appear at 23 F.R. 1031, Feb. 18, 1958, unless otherwise noted.

As used in this part, the terms below are defined as follows:

(a) "Acts", "Vocational education acts", or "Federal acts" means the SmithHughes Act and the George-Barden Act as defined below:

(b) "Smith-Hughes Act" means the Act of February 23, 1917 (39 Stat. 929), as amended.

(c) "George-Barden Act" means the Act of August 1, 1946 (60 Stat. 775; 20 U.S.C. 151 et seq.), as amended, including "Title III-Area Vocational Education Programs," as added by title VIII of the National Defense Education Act of 1958 (72 Stat. 1597; 20 U.S.C. 15aaa-15ggg), but not including, except where otherwise indicated, "Title II-Vocational Education in Practical Nurse Training," as added by title III of P.L. 911, 84th Congress (70 Stat. 925; 20 U.S.C. 15aa-15jj). Title III of the George-Barden Act will herein be referred to as "title III."

(d) "Commissioner" means the Commissioner of Education, Department of Health, Education, and Welfare.

(e) "State board" means the State board for vocational education described in § 102.3.

(f) "Executive Officer" of the State Board for Vocational Education is the designated State official directly responsible to the board for the administration of the policies of the board.

(g) "State director" means the person directly responsible for the administration of the total State program of vocational education under the plan and the coordination of the work of the State supervisors. In some States, the Executive Officer is also the State Director.

person

(h) "Supervisor" means a responsible for the promotion, maintenance and improvement of instruction in a given vocational field.

(i) "Director of teacher training" means a person whose duties are to direct and coordinate teacher training programs in two or more fields of vocational education.

(j) "Local director" means a person directly responsible for the administration of a local program which includes two or more fields of vocational education under the plan and the coordination of the work of the local supervisors, if any, in these fields.

(k) "School" means an administrative organization which operates one or more classes, as above defined.

(1) "Class" means a group of persons meeting for vocational instruction a given number of scheduled times, in which there is a reasonable continuity of participation on the part of members of the group.

(m) "Cooperative class" means a class for persons who are still enrolled in a day school and who, through a cooperative arrangement between the school and employers, receive part-time instruction in the day school and on-thejob training through part-time employment in a trade, industry or distributive occupation.

(n) "Student-learner" means a person enrolled in a cooperative class as defined in paragraph (m) of this section.

(o) "Apprentice teacher" means a person far enough advanced in vocational experience and in technical and professional training to be certified as a vocational teacher for a temporary or apprentice period in order to secure teaching experience as part of his teacher training work.

(p) "Student-teacher" means a person enrolled in a teacher-training institution who is engaged in practice teaching as part of his course of study.

(q) "Funds", unless otherwise specified, means any public funds available for expenditure under the plan, whether derived from Federal grants, or State or local appropriations. (See § 102.11 for further explanation.)

[23 F.R. 1031, Feb. 18, 1958, as amended at 24 F.R. 8229, Oct. 9, 1959]

(a) As a condition for the receipt of Federal grants, the State board is required to adopt and submit a State plan meeting the provisions and purposes of the acts. If found by the Commissioner to be in conformity with provisions and purposes of the acts the plan will be approved.

(b) The plan basically is a description of State operations, including State laws, standards and procedures. It establishes a basic assurance of reasonable efficiency in the operation of the program. Since the approved State plan is the basis upon which the Federal grant is made, the plan and the actual program operation must be kept in conformity, and any material change in the program, any changes in pertinent State law, or in the organization, policies or operation of the Board will necessitate appropriate amendment of the plan. (See section 8 of the Smith-Hughes Act. For the special plan requirements for each field of vocational education, see sections 10, 11 and 12 of the Smith-Hughes Act and the respective sections of this part.) § 102.3

The State board.

(a) As a condition for the receipt of Federal grants, the acts require that the State, through its legislative authority, designate or create a State board of not less than three members having all necessary power to cooperate with the Office of Education in the administration of the program.

(b) The State plan is to identify the State board so designated or created and to describe its organizational structure, including descriptions of its units, the functions assigned to each, and the relationship among the units in the vocational education program. The titles of all State officials who are to have authority in the administration of the program are to be given in the plan, and their responsibilities described.

(c) Authority to administer vocational education at the State level must rest solely with the State board. In dealing with the State, the Office of Education will deal only through the State board and its authorized representatives and not directly with individual schools or institutions.

The State is required to accept the provisions of the acts in order to benefit therefrom. The State plan is to set forth the State's basic authority under State law for the administration of the program, including such legislation accepting the provisions of the acts and designating the State board and State treasurer as provided in §§ 102.1 to 102.4, and all other directly pertinent laws and official interpretations thereof by appropriate State officials and courts.

§ 102.6 Public supervision or control.

The State plan is required to provide that the vocational instruction and teacher training carried on thereunder will be in schools or classes under public supervision or control. A school or class (see definitions in § 102.1) is considered to be under public supervision or control when it meets all of the following criteria:

(a) It is organized and operated under the direction of a State or local board responsible for expenditure of publicschool funds for vocational education in the State or community.

(b) The teachers are employed as public school teachers under the conditions generally applicable to the employment of other public school teachers employed by the State or local board responsible for vocational education.

(c) Officials on the staff of a State or local agency responsible for vocational education have full charge of:

(1) Employing teachers.

(2) Determining whether pupils qualify for admission to classes.

(3) Determining content and organization of courses and curriculum. § 102.7 Less than college grade.

The State plan is required to provide that all vocational instruction carried on thereunder will be of less than college grade. This provision can be met at the

The State plan is to contain minimum qualifications for professional personnel. Such personnel includes those engaged directly or substantially in activities for which funds are used under the plan, regardless of whether their salaries are paid under the plan.

§ 102.9 Program of supervision.

The State plan is required to include the State board's proposals for a program of supervision with full information as to the duties and qualifications of the State supervisors and of other professional members of the State supervisory staff. Where funds are used for supervision on the local level the plan is to make provisions for such positions and set forth minimum qualifications therefor.

§ 102.12 Application of State rules.

Expenditures under the plan must be made in accordance with State laws, rules, regulations, and standards which govern the expenditure of State and local funds. Any limitations placed on the expenditure of State and local funds must be applied as well to funds derived from the Federal grants.

§ 102.13 Source of matching fundsdonations, tuition, fees.

Only public funds may be used for expenditures under the plan.

(a) In addition to appropriated funds, such funds may include funds derived from donations by private organizations or individuals which are deposited in accordance with State or local law to the account of the State board or local educational agency without such conditions or restrictions on their use as would negate their public character.

(b) Tuition and fees may be collected from students enrolled in a course, at rates comparable to those charged by public educational authorities for similar courses to cover any portions of the cost of the course which are not claimed under the State plan. However, tuition and fees collected from students may not be used as State or local funds for the purpose of matching the Federal funds. § 102.14 Reimbursement for expenditures by schools.

Under the Smith-Hughes Act and title I of the George-Barden Act, no Federal funds may be used to reimburse schools