course and hours of instruction per week.

(b) At least one half of the time of the instruction must be given to work on a useful or productive basis. Instruction in practical work is considered to be "on a useful or productive basis" when it consists of organized, systematic training in the processes, operations, and principles involved which are selected with regard to the suitability, quality, quantity and production methods customarily observed in trade, industrial and vocational technical pursuits for which the training is being given.

(c) The instruction in related subjects for which funds are used must have direct functioning value in the trade or occupation for which training is being given. Related subjects courses are in addition to and an extension of the instruction given in the shop. Related subjects may be taught by the shop instructor. When other than shop instructors are utilized, the State plan shall specify qualifications which assure that such instructors have sufficient experience in and knowledge of the occupation to teach such specific subjects effectively. § 102.81 Day trade classes-Type C.

Under the George-Barden Act, Type C Classes (as defined in § 102.74) may be organized for persons over 18 years of age or those who have legally left the full time school. Such clases may be operated for less than 9 months per year, for less than 30 hours per week and without the requirement that a minimum of 50 percent of the school time must be given to shop work on a useful or productive basis. This is a special type of day pre-employment trade training which may be provided irrespective of whether or not the persons enrolled are employed. Such training may be offered for any length of time.

§ 102.82 Special standards and safeguards for training in industrial plants.

No part of the funds spent under the plan may be expended in industrial-plant training programs except such industrial-plant training be bona fide vocational training and not a device to utilize the services of vocational trainees for private profit. Use of funds for industrial-plant training is justified when the school system cannot otherwise provide adequate equipment and supplies and such are available in an industrial

(a) Funds may be used under the George-Barden Act for programs of vocational guidance. The purpose of the vocational guidance program is to provide individuals with the information needed and to develop understandings necessary to make wise decisions in matters affecting vocational choices and adjustments.

(b) Funds may be expended to provide the following services:

(1) The maintenance of a program of supervision in vocational guidance.

(2) The maintenance of a program of training for vocational counselors in classes composed of: persons enrolled in a program which will qualify them as vocational counselors; persons enrolled in a program which will qualify them as vocational teachers; teachers, supervisors, or directors of vocational education; or vocational counselors and vocational guidance supervisors.

(3) The maintenance of a program of vocational counseling on the secondary and adult levels.

(4) The production and publication of occupational information for use of Vocational teachers and counselors. § 102.85 State plan provisions.

(a) In developing a State plan for vocational guidance, it is necessary that the State first make adequate provision for State supervision and for the training of vocational counselors, with the re

search necessary in each. Funds may be expended on the local level only after the program at the State level has been adequately developed.

(b) The State plan is to provide safeguards to insure that the vocational guidance program serves a school or group of schools maintaining a vocational course or courses.

(c) The duties and the qualifications for all positions are to be set forth in the State plan.

(d) If funds are to be used for counselor training programs in teacher training institutions it will be necessary that the State plan designate the courses to be reimbursed, eligibility for enrollment, and the qualifications of the counselor trainer.

AREA VOCATIONAL EDUCATION PROGRAMS § 102.101 Area vocational education

§ 102.104

Special provisions regarding use of funds.

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 GeorgeBarden 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.

[24 F.R. 8230, Oct. 9, 1959]

§ 102.105

General plan requirements under title III.

To be eligible to participate under title III there must be added to the State plan a new part, meeting the requirements of section 305(a) of the George-Barden Act, which sets forth the plans, policies, and methods to be followed in administering and operating area vocational education programs under title III. [24 F.R. 8230, Oct. 9, 1959]

§ 102.106 Approval of area vocational education programs.

The State plan is to set forth the standards and procedures which the State board will use in approving area vocational education programs. Such standards and procedures are to show how the following minimum criteria will be implemented:

(a) There is a need in the employment market for persons trained in the occupation for which training is provided.

(b) The content of the courses for which funds may be used has been determined by competent persons on the basis of an analysis of the occupation or cluster of occupations.

(c) (1) Those enrolled in the program have the necessary general educational background to benefit from the vocational instruction given in the program, and to fit them for the occupation for which the training is being given, or (2) such necessary general education, including scientific education, is available to those enrolled as part of their total curriculum.

(d) The program is of sufficient duration and there is sufficient time devoted to the technical courses in the curriculum to fit those enrolled for employment.

(e) Classrooms, shop and laboratory facilities, including instructional equipment and supplies for effective instruction are to be available.

(f) Personnel with professional and technical preparation and experience are to be employed as instructors and supervisors.

(g) A system of student selection based on interests, aptitudes, previous education and work experience is to be maintained.

(h) See § 102.108(b). [24 F.R. 8230, Oct. 9, 1959]

§ 102.107

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.

[24 F.R. 8230, Oct. 9, 1959]

§ 102.108 Training programs.

Title III requires that funds "shall be used 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 the 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.

(a) Kinds of courses. 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) Extension (supplementary) 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.

(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 requires the direct application of specialized functional aspects of science, mathematics, and advanced technical skills and information.

(b) Eligibility to enroll. Any person may be permitted to enroll who has either completed the ninth grade or, regardless of his school credits, is at least 16 years of age and can reasonably be expected to profit by the instruction offered.

[24 F.R. 8230, Oct. 9, 1959]

§ 102.109 Occupations necessary for the national defense.

Title III requires "that funds * shall be used exclusively * for the training of individuals as highly skilled technicians in recognized occupations

* 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, equipmenɩ or products (or parts

(a) Under title III funds may be used for the purchase, rental or other acquisition, and maintenance and repair of instructional equipment and the purchase of instructional supplies and teaching aids. (See § 102.45 of this part for regulations governing the purchase or rental of instructional equipment and supplies including teaching aids.)

(b) The State plan is to indicate how equipment and teaching aids will be accounted for. The plan is also to set forth the rules and policies to be used in the purchase and rental of equipment and supplies for area vocational education programs to assure proper expenditure and use in approved courses.

(c) The Department of Health, Education, and Welfare Appropriation Acts, 1960 (73 Stat. 339, 346), 1961 (74 Stat. 755, 762), and 1962 (75 Stat. 589, 596), provide that no part of the funds appropriated for "Defense Educational Activities" shall be available for the purchase of science, mathematics, or modern language teaching equipment, or equipment suitable for use for teaching in such fields of education, which can be identified as originating in or having been exported from a Communist country, unless such equipment is unavailable from any other source. This prohibition applies to expenditures with respect to which Federal participation is requested from allotments made for fiscal years 1960, 1961, and 1962 under section 302 of the George-Barden Act. [24 F.R. 8231, Oct. 9, 1959, as amended at 27 F.R. 1555, Feb. 20, 1962]

§ 102.111 Transportation of students. (a) Necessary costs of transportation of students include only (1) transporta

tion for one round trip per semester or shorter period determined by the duration of the program from the student's home to the place where he will reside while enrolled in the program; (2) transportation for one round trip daily between a student's place of residence and the school; (3) transportation between schools in one of which the student is enrolled in a technical program; (4) transportation between the school and the establishment where work experience is provided; and, (5) transportation of classes for field work.

(b) Transportation may be provided by common carrier, school bus, or private conveyance. Costs may not be paid in excess of costs of transportation by common carrier, or, in the absence of suitable transportation by common carrier, in excess of reasonable rates established by the State.

[24 F.R. 8231, Oct. 9, 1959]

§ 102.112 Vocational guidance.

Costs of vocational guidance under title III include only the costs of guidance services performed in area vocational education programs for the recruitment, selection, and retention of persons for training and the placement of persons trained in such programs, and, the supervision of such guidance service. If funds are to be used for vocational guidance, that part of the plan in which area vocational education programs are described is to include a description of the plans and policies for the expenditure of funds for vocational guidance in such programs.

[24 F.R. 8231, Oct. 9, 1959]

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

(a) "Act" and "Title II" mean Title II of the Vocational Education Act of 1946 as added by Title III of Public Law 911, 84th Congress (70 Stat. 925).

(b) "Commissioner", "practical nurse training", "practical nurse", "local education agency", "State", and "State board", are used as defined in section 210 of the act.

(c) "State director" means the person directly responsible for the administration of the total State program of Vocational education and the coordination of the work of the State supervisors.

(d) "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.

(e) "Vocational guidance" means only that guidance which is related to the recruitment, selection and retention of persons for training and the placement of persons trained in the program.

§ 103.2 The State plan.

(a) Under the terms of Title II, each State, in order to participate in the benefits of the program, is required to submit a plan for the program of extension and improvement of practical nurse training in which it expects Federal financial participation. Such plan must be separate and distinct from State plans under other vocational education grants. To be approvable, a plan must have been adopted by the State board and must meet the conditions of section 203 (a) of Title II. When approved by the Commissioner of Education, the State plan becomes the basis for Federal grants, and a State may be certified to receive grants with respect to proper expenditures made on or after the date on which such plan is submitted in approvable form.

(b) The State board. The State plan shall designate the State board as the sole agency for the administration of the plan or for the supervision of administration of the plan by local educational agencies. If the plan provides for the use of the facilities of any agency other than the State board or a local educational agency the program in which such facilities are used must still be administered by the State board or by a local educational agency under the supervision of the State board.

The

(c) Authority of State board. State plan shall set forth the authority of the State board under State law for the administration of the program. If there is any administration by local agencies, the basis under State law for the supervision of such administration by the State board shall also be set forth. Copies of, or citations to, all directly pertinent laws and interpretations of laws by appropriate State officials or courts shall be furnished as part of the plan.

(d) Plans, policies and methods. The State plan shall show the plans, policies, and methods to be followed in extending and improving practical nurse training under the plan, and in administering and supervising the administration of the plan.

(e) Fiscal administration and retention of records. The State plan shall provide for such acounting, budgeting and other fiscal methods and procedures as are necessary for the proper and efficient administration of the plan. State and local agencies receiving grants under the Acts shall keep accessible and intact all records supporting claims for Federal grants or relating to the accountability of the grantee for expenditures of Federal grants and of matching funds, until notified of the completion of program reviews and of the fiscal audit covering such records. Records supporting accountability for non-consumable equipment purchased under the program (whether from Federal matching funds) and costing $10 or more shall be maintained until notification of the completion of the review and audit covering the disposition of such equipment.

or

(f) Use of registered professional nurse in State supervision. The State plan shall provide that the individual supervising the functions of the State board under the plan for the extension and improvement of the practical nurse training program shall be a registered