VOCATIONAL EDUCATION IN FISHERY OCCUPATIONS § 104.76 Vocational education in fishery occupations. Under title I of the George-Barden Act, special funds have been authorized for training in the trade and industrial and distributive occupations in the fishing industry. The general provisions in Subparts A to D applicable to all vocational education programs shall apply to vocational education in fishery occupations. VOCATIONAL EDUCATION IN HEALTH OCCUPATIONS § 104.77 Vocational education in health occupations. Vocational education in health occupations under the State plan, pursuant to title II of the George-Barden Act, shall be designed for persons who are preparing to enter one of the health occupations, and for persons who are, or have been, employed in such occupations in hospitals or other health agencies. For purposes of this section, "other health agencies" means institutions or establishments other than hospitals which provide patients with medical or nursing services under the direction of a doctor or registered professional nurse. § 104.78 Health occupations defined. The health occupations render supportive services to the health professions such as nursing, medical, and dental practice, all of which are concerned with providing diagnostic, therapeutic, preventive, restorative, and rehabilitative services to people. As used in this program, such occupations: (a) Include practical or vocational nursing. (b) Include those occupations that require the basic understanding and skills required in giving nursing care or other health services to people. (c) Exclude occupations recognized as occupations in other than the health field. In applying this condition, the scope and nature of the duties rather than the title of the occupation govern. § 104.79 State plan provisions for vocational education in health occupations. (a) In addition to the general State plan requirements for administration and supervision in § 104.21, the State plan shall provide that the individual supervising the functions of the State board relating to vocational education in health occupations under title II of the George-Barden Act shall be a registered professional nurse or shall have the consultative services of a registered professional nurse available. (b) In addition to the general State plan requirements for instruction in $104.13, the State plan shall describe how the following requirements for preparatory instruction are being met. (1) Full-time instruction will be provided. (2) Instruction in theory will be closely correlated with supervised practical experience in the clinical phases of the curriculum. (3) All supervisory and instructional personnel having responsibility for training in the health occupations will meet the qualifications for a teacher as set forth in the State plan. (4) A major part of the supervised practical experience required in the curriculum will be spent on activities directly related to patient needs. § 104.80 Allowable uses of funds. Funds available for vocational education in health occupations may be used as provided in § 104.43 and the sections referred to therein, except that (a) Funds used for teacher education may be used only for inservice education of teachers and other professional personnel involved in vocational education for health occupations, and not for preservice preparation of such personnel. (b) Funds used for instruction may be used for supplementary instruction for persons who may need training or retraining in special phases of their work as it affects the clinical instruction of students undertaking health occupations training. TECHNICAL EDUCATION UNDER TITLE III § 104.81 Technical education-programs under title III. Technical education under the State plan pursuant to title III of the George-Barden Act shall be designed to train persons for employment as highly skilled technicians in recognized occupations requiring scientific knowledge in the fields necessary for the national defense. All enrollees shall have either completed the ninth grade or be at least 16 years of age. § 104.82 Occupations necessary for national defense. for the Title III requires "that funds shall be used exclusively training of individuals as highly skilled technicians in recognized occupa tions ⚫ ⚫ in fields necessary for the national defense." Both of the following criteria are to be used to determine occupations that are considered necessary for the national defense: (a) The occupation will have a significant number employed, or an overall shortage exists or is developing: (1) In the design, development, testing, manufacture, processing, construction, installation, operation, maintenance, repair, or servicing of plant facilities, equipment or products (or parts or accessories thereof) which are of importance for military or other defense activity. (2) In providing technical services. (b) The industry or activity in which the occupation occurs is necessary to the defense program, such as: (1) The military. (2) Suppliers of products or services to the military. (3) Suppliers of products or services directly connected with defense. (4) Scientific research. § 104.83 State plan requirements. In addition to the general State plan requirements for instruction set forth in § 104.13, the State plan shall include the following: (a) Geographic areas to be served. To qualify under title III a program must be made available to residents of the whole State or of "an area thereof designated and approved by the State board." The State plan is to set forth the policies and criteria to be used by the State board in determining that the geographic area served by a program is sufficiently extensive (e.g., with reference to such factors as population served, area served, etc.) to qualify the program as an "area vocational education program" under title III. (b) Training programs. Title III requires that funds "shall be used I exclusively for the training of individuals designed to fit them for useful employment as highly skilled technicians in recognized occupations requiring scientific knowledge, as determined by the State board for such State, in fields necessary for national defense." The State plan is to set forth the procedures and criteria to be used by the State board in determining which training programs meet this requirement. Within the foregoing requirements and procedures, funds may be used for the following kinds of courses concerned primarily with the application of technical knowledge and technical understanding in contrast with manipulative skill: (1) Supplementary (extension) courses which are designed for employed persons, including journeymen, to obtain additional training in the direct application of specialized functional aspects of science, mathematics, and advanced technical skills and information required to meet the demands for highly skilled technicians in recognized occupations because of new and changing technologies. Such instruction may be organized to provide the required related instruction for apprentices as provided in § 104.15. (2) Preparatory (preemployment) courses which are designed to prepare persons for useful employment to meet the demands for highly skilled technicians in recognized occupations (and not for training persons for a skilled trade) which require the direct application of specialized functional aspects of science, mathematics, and advanced technical skills and information. § 104.84 Special condition on payment of Federal funds. Federal funds allotted under title III of the George-Barden Act shall be paid on conditions that the total amount of State and local funds to be spent in any year for vocational education programs operated under the provisions of the Smith-Hughes Act and titles I and II of the George-Barden Act may not be reduced below the amount of such funds expended under such programs and reported to the Commissioner for the fiscal year immediately preceding that in which the State first uses funds under title III, except that such reduction below the amount expended in such preceding fiscal year may be made as long as: (a) in making such reduction, the amount of State and local funds used to match each of the several allotments under the Smith-Hughes Act and titles I and II of the George-Barden Act is not reduced below the amount needed for dollar-for-dollar matching of each allotment; and (b) an amount of State and local funds at least equal to the amount of the total reduction is to be expended under title III. [SEAL] Approved: August 21, 1964 ANTHONY J. CELEBREZZE Secretary WAYNE O. REED Acting U.S. Commissioner of Education [F.R. Doc. 64-8689; Filed, Aug. 27, 1964; 8:45 a.m.] 51 Part 105-Vocational Education: Special Grants Subpart A-Research, Training and Experimental, Developmental or Pilot Programs in Vocational and Technical Education Subpart B-Residential Vocational Education Schools TITLE 45-Public Welfare Chapter I-Office of Education, Department of Health, Education, and Welfare PART 105-Vocational Education: Special Grants Pursuant to section 4 (c) of the Vocational Education Act of 1963 (Part A of P.L. 88-210, 77 Stat. 403), the following regulations (Subpart A of Part 105) are promulgated to govern grants by the Commissioner to colleges and universities and other public or nonprofit private agencies and institutions, to State boards, and, with the approval of the appropriate State board, to local educational agencies, to pay part of the cost of research and training programs and of experimental, developmental, or pilot programs developed by such institutions, boards, or agencies, and designed to meet the special vocational education needs of youths, particu larly youths in economically depressed communities who have academie. socioeconomic, or other handicaps that prevent them from succeeding in the regular vocational education programs. Pursuant to section 14 of the Vocational Education Act of 1963 (Part A of P.L. 88-210, 77 Stat. 403), the following regulations (Subpart B of Part 105) are promulgated to govern grants by the Commissioner to State boards, to colleges and universities, and, with the approval of the appropriate State board, to public educational agencies, organizations, or institutions for the construction, equipment, and operation of residential vocational education schools. The grants under this part provide Federal financial assistance subject to the requirements of title VI of the Civil Rights Act of 1964, approved July 2, 1964 (78 Stat. 252; P.L. 88-352). Section 601 of that act provides that no person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Grants made pursuant to the regulations se forth below are subject to such applicable rules, regulations, or orders & may hereafter be issued with the approval of the President to effectuate the provisions of section 601. |