Purposes of the State Flan

THE STATE PLAN GUIDE

The approved State plan is the basis upon which eligibility of the State for Federal funds is determined and is a commitment by the state with regard to the operation of the program of vocational education is the State for which Federal and matching State and/or local funds are used,

The plan provides a general statement of the State board's programs and policies, methods, and procedures to be followed in administering them; serves as a bests for administrative decisions concerning the State's participation in the Federal program; sets forth legislation accepting the provisions of the Voca tional Education Act of 1963, the Smith-Hughes Act, the George-Barden Act, and supplementary acts and the benefits derived therefrom; shows how the indi. vidual State laws and procedures meet the requirements of the Federal statutes; and includes the policies to be followed by the State in maintaining, extending, and improving existing programs and developing new programs of vo tional education so that persons of all ages in all communities of the State will have ready access to vocational training or retraining which is of high quality, with offerings which have been developed in the light of actual and anticipated opportunities for employment, and which is suited to the needs, interests, and ability of such persons to benefit from such training. Applicability of State Flan - As indicated in 45 CFR 104,56 of the regulations, all States which plan to (1) request allotments of Federal funds under the Vocational Education Act of 1963, or (2) transfer allotments from the Smith. Hughes, George-Barden and supplementary acts (extending the provisions of the Smith-Hughes and George-Barden Acts of Fuerto Rico, Virgin Islands, Guam, and American Samoa) to the allotment under section 3 of the 1963 Act, are required to submit a State plan in accordance with the regulations in 45 CFR Part 104, promulgated on 1964. This guide is designed to assist

the States in preparing such a state plan.

States which do not plan to request allotments under the 1963 Act or transfer funds from allotments under the Smith-Hughes, George-Barden, and supplementary acts to the allotment under section 3 of the 1963 Act may submit a State plan in accordance with the regulations in 45 CFR Tart 104 and this State plan guide, but are not required to do so. These States, if they choose, may con tinue to use their State plans currently in effect and be governed by the 1959 regulations in 45 CFR Part 102 (governing Smith-Hughes and George-Barden titles I and III programs) and 45 CFR Tart 103 (governing practical nurse training programs). Notwithstanding any provisions contained in regulations in arts 102 and 103, the State may, if it chooses to do so, amend its State plan to conform with the amendments in subsections (b), (c), (d), and (e) in section 10 of the 1963 Act, all of which liberalize to some extent the provisions in the Smith-Hughes and George-Barden Acts with respect to agricultural, home economics, distributive, and trade and industrial education, State may also, under its current State plan, transfer all or part of its funds from one allotment under the Smith-Hughes, George Barden and supple mentray acts to another allotment or allotments under these acts in accordance with the provisions in section 10(a) of the 1963 Act and regulations in 45 CFR

104.27.

Content of State Flan The State plan, as developed in accordance with this State plan guide, is intended to be a comprehensive statement of the State board's policies and operations with respect to the use of Federal funds under the acts for vocational education purposes. Thus the information called for in this State plan guide departs somewhat from that of previous State plan guides in that it requires the inclusion in the State plan of certain provisions in the Federal acts and regulations, some of which are to be quoted verbatim either from the regulations or from the guide itself. The purpose of this procedure is to make the State plan a self-contained document which includes all provisions, standards, and requirements pertaining to the administration of vocational education programs within the State. Consequently, the State plan drafted in this form should have great value as an official guide for vocational education personnel on both the State and local levels as well as an agreement between the State board and the U.S. Office of Education.

A State plan should not contain descriptions or provisions for programs which do not meet the standards for the use of Federal funds. Statements of philosophy, argumentation, expression of hopes and unattainable standards are inappropriate in a State plan.

The plan is, of course, to be kept up to date by amendment as needed to reflect changes in programs, laws, organization, procedures and standards necessary in meeting changing vocational education in the State,

*State plan statements should be clear and brief, 3 different parts of the plan should be avoided.

Inconsistencies between the

Crganization of Topical Outline The material in this topical outline is organized in the same manner as the rules and regulations for the adminis. 3tration of vocational education (45 CFR 104), and the items in the outline #follow roughly in the same order as the sections in those regulations.

Section 1.0 corresponds to regulations 104,2 to 104.12, and contains the general State plan provisions governing administration of all vocational educa. tion programs, services, and activities under all the acts (unless otherwise specifically indicated).

Section 2.0 corresponds to regulations 104.13 to 104, 15, and contains those State plan provisions governing programs of vocational instruction. Unless otherwise indicated, the items in this section govern all such programs under all the acts. In some cases cross references are made to specific items in section 8.0 which contain special provisions dealing with the same aspect of vocational instruction, but which apply only to a specific allotment under the Smith-Hughes or George-Berden Acts.

Section 3.0 corresponds to regulations 104.18 to 104.21, and contains those State plan provisions governing the various ancillary services and activities supporting vocational instruction--namely, guidance and counseling, teacher training, research, demonstration and experimental programs, and administration, supervision, and evaluation. Unless otherwise indicated, the items in this section govern all such services and activities under all the acts. In a few instances cross references are made to items in section 8. containing special provisions which apply only to specific Smith-Hughes and George

Section 4.0 corresponds to regulations 104.22 and 104.23, and contains those State plan provisions governing construction of area vocational education sche T facilities under the Vocational Education Act of 1963.

Section 5.0 corresponds to regulations 104.24 to 104.26, and contains those State plan provisions governing work-study programs for which a separate allotment of Federal funds is made to the state under section 13 of the 1963 Act. Although section 13(b) of the 1963 Act speaks in terms of a "supplementery plan", this topical outline places these provisions in the body of the regular State plan itself.

Section 6.0 contains State plan provisions governing certain aspects of Federal financial participation which, unless otherwise specifically indicated, cover the management and expenditure of all Federal funds allotted under all the acts. This section corresponds for the most part with those regulations in Subpart C which require State plan provisions. The items in 6.7 are not required by the corresponding regulations covering allowable expenditures (regulations 104.43 to 104.49); however, these are included in this topical outline as a means of obtaining information on State rules and regulations governing allowable expenditures so that the Commissioner will be able to determine whether the State is making expenditures in accordance with State law, as required in regulation 104.31

Section 7.0 corresponds to regulation 104.17, and suggest the inclusion of provisions specifically governing business and office education under the 1962 Act if the State wishes to do so, as indicated in footnote 98. The items in this section are intended only to supplement the provisions in sections 1.9 to 3.0 governing all vocational education programs, services, and activities. Therefore there should be no duplication between the items in 7.0 and those items in 1.0 to 3.0 having general applicability.

Section 8.0 corresponds to certain regulations in Subpart E, and contains State plan provisions specifically applicable to the various allotments under the Smith-Hughes, George-Barden, and supplementary acts. Like those in 7.2, the items in this section ere not intended to encompass all the provisions governing Smith-Hughes and George-Barden programs, but only to supplement those items in sections 1.0 to 3.0 having general applicability. Each item in 8.0 is tied by cross reference to a corresponding item in 2.3 or 3.3 governing the same aspect of vocational education in order to indicate that the item in 8. is an exception or additional requirement to the item in 2.3 and 3.0. For example, in subsection 8.3 derling with home economics education the items in 8.33-2 Selection of Students (page 27) are referred to by cross reference in item 2.37, which contains the generally applicable provisions dealing with selection of students. The fact that Smith-Hughes part-time classes and Smith-Hughes day school classes are the only items in the topical outline under 8.33-2 does not mean that those classes are the only types of classes for which Smith-Hughes home economics funds may be used; it simply means that these are the only types of Smith-Hughes home economics classes for which special provisions are required. all other types of home economics classes under both the Smith-Hughes and George-Barden Acts are governed by the

The Legal Appendix includes citations, quotations, or copies of State law and certifications by State officials which support the provisions in the State plan. Each item in the Legal Appendix should be tied by cross reference to its corresponding item in the main body of the State plan.

Form of Topical Cutline

In preparing State plans for vocational education, States are requested to follow the topical outline. The topical outline of the State plan provides a number system for the orgainzation of the plan material which facilitates comparison of plan provisions with the Federal regulations, permits easy reference, and simplifies the substitution of new naterials.

Fill the items of the outline are to be considered and recognized in the State lan. There the State plan outline indicates that an item may be omitted or Included and the State chooses to exercise its option by omitting the item, the number and heading of the item should be included in its place in the plan and an appropriate statement made thereunder to that effect. Otherwise, it is Mecessary that every item in the State plan be fully developed as indicated n the outline.

f a State wishes to provide additional information which is not specifically requested in the instructions contained in the State plan guide, the State hould include such information under an appropriate item heading of the outine. If the outline does not contain an item heading for the additional nformation, appropriate items with numbers and headings should be added to She State plan in a section or subsection dealing with the same or similar ubject matter.

rocedures The plan for a State is developed by the State. It is reviewed or approval by the Office of Education only to determine that it meets the equirements of the Vocational Education Acts for the grant of Federal funds o that state.

request, the Office of Education is glad to advise concerning tentative or raft copies of plans prior to adoption by the State board.

f a State plan adopted by the State board is found to contain a provision hat is not in conformity with the acts and regulations, it will be necessary hat such provisions be revised, adopted by the State board and submitted as namendment to the plan. The Office of Education may accept interim plan hanges by authorized officials of the State board staff when officially nformed that the State board has authorized such action. Following such nterim changes, it is necessary that the Office of Education be informed of he official action taken by the State board at its next meeting

£ a plan contains statements that are considered by the Office of Education › require clarification, although no question of conformity to the acts or #gulations is involved, the plan will be approved with an understanding ich, if acceptable to the State, is to be incorporated in the official copy the plan in the State office. If the understanding is not acceptable to the cate, it will be necessary that the statement be revised and submitted to the fice of Education for approval by the Commissioner as an amendment to the plan.

Preparation in Development of State Flan

In developing the State plan prior to approval by the Commissioner the State board, its staff and representatives should consult with individuals and other public or nonpublic groups, agencies, institutions, and organizations who have an interest in vocational education within the State, and who may be of assistance to the State board in the prep eration of the State plan and the development and conduct of vocational pro grams, services, and activities.

The Approved Ilan Then a State plan or amendment thereto is approved by the Commissioner, the State should issue public notice of such approval in order that all interested parties within the State are aware of the existence of such an approved State plan or amendment. The State should keep on file at least one official copy of its approved plan, kept up to date by inserting amendments as they are made after approval by the Commissioner of Education, with the approval date shown on each amendment. Both the Office of Education and the State board should have an exact copy of the approved plan at all times. Copies of the State plan and all amendments there to should be sade available to professional vocational educators and other interested persons within the State.

Effect of Approved State Flan The State plan, when approved by both the State board and the Commissioner, constitutes, in effect, an agreement between the State and the United States. Therefore, the provisions contained therein are binding upon the State board in the administration of vocationi education programs, services, and activities supported with Federal funds, or State or local matching funds, or both. In addition to the State plan itself, all of the provisions in the Federal vocational education acts and regulations apply to vocational education programs, services, and activities so supported, and are therefore binging upon the State, even though such provision may not be specifically incorporated in the State plan.

Plan Amendments Amendments should be submitted in such form that they ca be inserted in the plan document at the appropriate place as a substitution for material to be removed from the document. This applies when the amend ment revises material previously incorporated in the plan as well as when the amendment represents material not previously incorporated in the plan. Such procedure may require the rewriting of one or more pages of the plan, copying sufficient text so that the sequence after substitution will not be destroyed. For illustration, two or more subsections of a plan appear on a single page. One of these is to be revised. lence, the whole page is to be rewritten. If, however, the rewritten page cannot include all the mater. previously contained therein, a new page must be added on which to conclude the pertinent matter even though the new page is not filled.

Nondiscrimination Frohibited by Title VI of the Civil Rights Act of 1964 The Federal grants to the States for the administration of vocational educa tion covered by the State plan guide are subject to the requirements of Title VI of the Civil Rights act of 1964, approved July 2, 1964 (78 Stat. Section 601 of that Act provides that no person in the 252; P.L. 83-352). United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of,

or be subjectec