§ 103.13 Public nature of funds. The expenditures to be considered in computing Federal participation must be made from public funds. (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. § 103.14 Pro-rating. In determining the amount of the Federal grant only the costs of carrying out the approved State plan can be considered. Where an expenditure is made for the benefit of this program and any other programs, whether vocational or not, the amount to be charged as a cost of carrying out the State plan under this title, shall not exceed the amount arrived at under a reasonable apportionment. § 103.15 Effect of payments. (a) Neither the approval of the State plan nor any payment to the State pursuant thereto shall be deemed to waive the right or duty of the Commissioner to withhold funds by reason of the failure of the State to observe, before or after such administrative action, any Federal requirements. (b) The final amount to be paid for any period is determined on the basis of expenditures under the State plan with respect to which Federal financial participation is authorized. The State assumes responsibility for accounting for all payments made out of its allotment by making expenditures for authorized plan purposes. 104.33 Determination of fiscal year's allotment to which expenditure is chargeable. 104.34 Payment of funds to local educational agency. Proration of costs. 104.35 104.36 Fiscal audit and retention of records. 104.37 Disposition of facilities and equipment. Subpart D-Payment and Reports 104.81 Technical education-programs under title III. 104.82 Occupations necessary for national defense. 104.83 State plan requirements. 104.84 Special condition on payment of Federal funds. AUTHORITY: The provisions of this Part 104 issued under 39 Stat. 929 as amended, 46 Stat. 1489 as amended, 49 Stat. 1488 as amended, 64 Stat. 27 as amended, 70 Stat. 909 as amended, 76 Stat. 586 as amended, 77 Stat. 403; 20 U.S.C. 11-15, 16-28, 30-34, 3535n, 151-15q, 15aa-15jj, 15aaa-15ggg, 48 U.S.C. 1667. SOURCE: The provisions of this Part 104 appear at 29 F.R. 12339, Aug. 28, 1964, unless otherwise noted. § 104.1 Subpart A-Definitions As used in this part: (a) "Acts", "vocational education acts", or "Federal acts" means the Smith-Hughes Act, the three titles of the George-Barden Act, the supplementary acts, and the Vocational Education Act of 1963. (1) "Smith-Hughes Act" means the Act of February 23, 1917 (Public Law 347, 64th Congress, 39 Stat. 929, 20 U.S.C. 11-15, 16-28). (2) "George-Barden Act" means the Vocational Education Act of 1946 with all amendments and additions, including the original Vocational Education Act of 1946 in "Title I-Vocational Education in Agriculture, Home Economics, Trades and Industry, and Distributive Occupa tions" (Act of June 8, 1936, Public Law 673, 74th Congress, 49 Stat. 1488 as amended by Act of August 1, 1946, Public Law 586, 79th Congress, 60 Stat. 775, and Act of August 8, 1956, Public Law 1027, 84th Congress, 70 Stat. 1126, 20 U.S.C. 151-15q); "Title II-Vocational Education in Practical Nursing" (Title III, Act of August 2, 1956, Public Law 911, 84th Congress, 70 Stat. 925, as amended in Act of April 24, 1961, Public Law 87-22, 75 Stat. 44, 20 U.S.C. 15aa15ii); and "Title III-Area Vocational Education Programs" (Title VIII, National Defense Education Act of 1958, Public Law 85-864, 72 Stat. 1597, 20 U.S.C. 15aaa-15ggg). (3) "Supplementary acts" means section 1 of the Act of March 3, 1931, relating to vocational education in Puerto Rico (Public Law 791, 71st Congress, 46 Stat. 1489, 20 U.S.C. 30); the Act of March 18, 1950, relating to vocational education in the Virgin Islands (Public Law 462, 81st Congress, 64 Stat. 27, 20 U.S.C. 31-33); section 9 of the Act of August 1, 1956, relating to vocational education in Guam (Public Law 896, 84th Congress, 70 Stat. 909, 20 U.S.C. 34); and section 2 of the Act of September 25, 1962, relating to vocational education in American Samoa (Public Law 87-688, 76 Stat. 586, 48 U.S.C. 1667). (4) "1963 Act" means the Vocational Education Act of 1963 (Part A of Public Law 88-210, 77 Stat. 403, 20 U.S.C. 35-35n). (b) "Area vocational education school" means any public school or public institution the facilities or which can be constructed with Federal funds under the provisions of section 4(a) (5) of the 1963 Act. (1) These may include only: (i) A specialized high school used exclusively or principally for the provision of vocational education to persons who are available for full-time study in preparation for entering the labor market; (ii) The department of a high school exclusively or principally used for providing vocational education in no less than five different occupational fields to persons who are available for full-time study in preparation for entering the labor market; (iii) A technical or vocational school used exclusively or principally for the provision of vocational education to persons who have completed or left high school and who are available for full time study in preparation for entering the labor market; and (iv) The department or division of a junior college or community college or university which, under the supervision of the State board, provides vocational education in no less than five different occupational fields leading to immediate employment but not leading to a baccalaureate degree. (2) An "area vocational education school" shall be available to all residents of the State or an area of the State designated and approved by the State board. In the case of a technical or vocational school described in subparagraph (1)(iii) of this paragraph or a department or division of a junior college or community college or university described in subparagraph (1)(iv) of this paragraph, such school must admit as regular students both persons who have completed high school and persons who have left high school. (c) "Business and office occupations" means those occupations pursued by individuals in public or private enterprises or organizations which are related to the facilitating function of the office and includes such activities as recording and retrieval of data, supervision and coordination of office activities, internal and external communication, and reporting of information. (d) "Commissioner" means the Commissioner of Education, U.S. Department of Health, Education, and Welfare. (e) "Construction project" means a specific proposal for construction of an area vocational school facility which will be accomplished at a single site as provided in § 104.44. (f) "Employment" means lawful work in a recognized occupation. (g) "Equipment" means a fixed or movable article or set of articles which meet all the following conditions: (1) The article retains its original shape and general appearance with reasonable care and use over a period of at least one year; (2) it is nonexpendable; that is, if the article is damaged or some of its parts are lost or worn out, it is usually more feasible to repair it than to replace it with an entirely new unit; and (3) it does not lose its identity through incorporation into a different or more complex unit or substance. See for example § 104.1 (n) (2) and § 104.48. (h) "Funds", unless otherwise specified, means any public funds available for expenditure under the State plan, whether derived from Federal grants or State or local appropriations or other sources. See § 104.27 for further explanation.) (i) "Gainful employment" means employment in a recognized occupation for which persons normally receive a wage, salary, fee, or profit. (j) "High school" or "secondary school" shall not be applicable to instruction at any grade beyond grade 12. (k) "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 (except as otherwise provided in section 210(d) of the GeorgeBarden Act for health occupations training.) In the regulations of this part. anything modified by the adjective "local" pertains to a "local educational agency" herein defined. (1) "Occupational field" means a group of recognized occupations having substantial similarities common to all occupations in the group, e.g., similarity in the work performed; similarity in the abilities and knowledge required of the worker for successful job performance; similarity in the tools, machines, instruments and other equipment used; and similarity in the basic materials worked on or with. The term is applied, in the case of Federal participation in the construction of an area vocational school, to determine whether a department of a certain type of high school, or a department or division of a junior college, community college, or university provides "vocational education in no less than five different occupational fields". (See § 104.1(b) (1) (ii) and (iv).) The purpose is to assure that such schools will have offerings that will afford prospective students of varying interests a reasonably broad choice of the type of occupation for which they are to be trained. Determinations of what is an "occupational field” will be made in the light of this purpose. (m) "Recognized occupation" means a lawful occupation that the Commissioner finds is identifiable by employers, employee groups, and governmental and non-governmental agencies and institu 99-197-69-14 tions concerned with the definition and classification of occupations. (n) "School facilities" means the facilities of an area vocational education school which may be constructed with Federal funds under section 4(a) (5) of the 1963 Act, including (1) Instructional and auxiliary rooms and space necessary to operate a program of vocational instruction at normal capacity (in accordance with the State plan and the laws and customs of the State), such as classrooms, libraries, laboratories, workshops, cafeterias, office space and utility space. This would not include facilities intended primarily for events for which admission is to be charged to the public such as single purpose auditoriums, indoor arenas, or outdoor stadiums. (2) Initial equipment of the school facilities described in subparagraph (1) of this paragraph includes all necessary building fixtures and utilities, furnishings (including conventional classroom and office furniture), and instructional equipment as defined in § 104.48. (i) In connection with the erection of new or the expansion of existing facilities, initial equipment shall include only that equipment which must be placed in the proposed facility to accommodate the type of instruction or other vocational education purpose for which the facility is designed. (ii) In connection with the remodeling and alteration of existing facilities, initial equipment also may include equipment installed to replace obsolete or wornout equipment. Any reimbursement for salvage or trade-in value of any such equipment shall be deducted in computing the cost of such replacement equipment to be included in the construction costs of a proposed project. (3) Interests, whether in fee, leasehold, or otherwise, in land on which such facilities are to be constructed. (o) "State" means a State of the Union, the District of Columbia, Puerto Rico, Virgin Islands, Guam, or American Samoa, except that, with respect to funds under the Smith-Hughes Act, the term does not include the District of Columbia, Virgin Islands, Guam, or American Samoa. (p) "State board" means the State Board for Vocational Education designated or created pursuant to section 5 of the Smith-Hughes Act and described in § 104.3. (a) Submission and approval. As a condition for the allotment of Federal funds, the State board is required to adopt and submit to the Commissioner a State plan. If found by the Commissioner to be in conformity with the provisions and purposes of the Acts and regulations, the plan will be approved. The Commissioner shall not finally disapprove a State plan except after reasonable notice and opportunity for a hearing has been offered to the State board. The effective date of the State plan is the date on which it is received by the Commissioner in substantially approvable form. (b) Amendment. The administration of vocational education programs under the State plan must be kept in conformity with the approved State plan. Whenever there is any material change in the content or administration of such program, or in pertinent State law, or in the organization, policies, and operations of the State board affecting the programs under the plan, the State plan shall be appropriately amended by the State board, and such amendment shall be submitted to the Commissioner. The effective date of such amendment is the date Ion which it is received by the Commissioner in substantially approvable form. (c) Laws, policies, and procedures. The State plan is a description of the State's vocational education programs. It shall set forth the State's authority under State law for its administration of such programs. It shall include the policies to be followed by the State in maintaining, extending, and improving existing programs and developing new programs of vocational 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 that have been developed in the light of actual or anticipated opportunities for employment, and which is suited to the needs, interests, and ability of such persons to benefit from such training. (1) For State plan requirements applicable to vocational education under the Acts: (i) Regarding vocational education in general, see § 104.2 to § 104.12. (ii) Regarding specific vocational education programs, services, and activities, see § 104.13 to 104.26. (iii) Regarding Federal financial participation, see appropriate sections in Subpart C. (2) For specific State requirements regarding funds not transferred from the various allotments under the SmithHughes, George-Barden and supplementary acts to the allotment under section 3 of the 1963 Act, see sections 8, 10, 11, and 12 of the Smith-Hughes Act and section 7 of title I of the George-Barden Act and § 104.56 to § 104.76; section 205 (a) of title II of the George-Barden Act and § 104.77 to 104.80 of the regulations; and section 305(a) of title III of the George-Barden Act and § 104.81 to § 104.84. (d) Certification of State plan-(1) Certification by State board. The State plan and all amendments thereto shall include as an attachment a certificate of the officer of the State board authorized to submit the State plan to the effect that the plan or amendment has been adopted by the State board and that the plan, or plan as amended, will constitute the basis for operation and administration of the vocational education programs in which Federal financial participation will be made. (2) Certification by State Attorney General. The State plan shall also include as an attachment a certificate by the State's Attorney General, or other official designated in accordance with State law to advise the State board on legal matters, to the effect that the State board named in the plan is the State board which has authority under the State law to submit the State plan and to administer or supervise the administration of the vocational education programs described therein as the sole agency responsible for administration of the plan; and that all the plan provisions are consistent with the State law. § 104.3 State board. (a) Designation or creation. As a condition for the receipt of its allotments |