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meet the requirements in subparagraphs (2) and (3) of paragraph (a) of this section; i.e., they may be operated for less than nine months per year and for less than 30 hours per week without the requirement that at least one-half of the total time of instruction shall be given to field, shop, laboratory, cooperative work, or other occupational experience. Such classes shall include the following:

(1) Special classes for out-of-school youth and adults. These are classes which may be reimbursed only with funds under title I of the George-Barden Act for (i) persons over 18 years of age or (ii) persons over 14 years of age who have left the full-time day school.

(2) Special classes for single-skilled or semi-skilled occupations. These are classes which may be reimbursed with both Smith-Hughes and George-Barden funds for persons preparing for gainful employment in some type of singleskilled or semi-skilled occupation.

§ 104.75 Employment in trade and industrial occupation.

(a) For the purposes of §§ 104.72 and 104.73 (a) (2), a person is considered employed in a trade and industrial occupation when he:

(1) Is lawfully employed in such occupation; or has been lawfully employed in such occupation and is temporarily without employment, but has a promise of employment in such occupation; or can give satisfactory evidence of going into business for himself; or is employed by parents who are self-employed; and

(2) Receives the going rate of pay of the business in which he is employed or he participates in the earnings of the business in lieu of a wage or salary. In the latter case, working for a living in a family business without pay will be accepted as satisfactorily meeting the requirement.

(b) Employment in a trade or industrial business does not itself qualify a person for enrollment; such employment must be in a trade and industrial occupation as defined in § 104.70(b).

VOCATIONAL EDUCATION IN FISHERY
OCCUPATIONS

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ing 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 basic understandings 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 occupa tions.

(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 1closely correlated with supervised practical experience in the clinical phases of the curriculum.

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(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 in-service 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 3 plan pursuant to title III of the GeorgeBarden Act shall be designed to train persons for employment as highly skilled technicians in recognized occupations requiring scientific knowledge in 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 na

tional defense.

Title III requires "that funds I 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, 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 exclusively for the training of individuals designed to fit them for useful employment as highly skilled technicians in recognized occupations requiring scientific knoweledge, 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. Within the foregoing requirements and procedures, funds may be used for the following kinds of courses concerned primarily with the application of technical knowl

$ 104.84

edge 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.

(pre-employment)

(2) Preparatory 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.

§ 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

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The regulations of this part apply to grants made by the Commissioner of Education pursuant to his authority under section 4(c) of the Vocational Education Act of 1963 (Part A of Public Law 88-210, 77 U.S.C. 403, 20 U.S.C. 3535n) for the purposes set forth in § 105.4. § 105.2 Definitions.

As used in this part

(a) "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) "Commissioner" means the U.S. Commissioner of Education.

(c) "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

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in a city, county, township, school district, or political sub-division in a State, or any other public educational institution or agency having administrative control and direction of a vocational education program.

(d) "State board" means the State board for vocational education designated or created by a State to secure to the State the benefits of Federal grants for vocational education.

§ 105.3

Statement of conditions.

Each applicant for a grant will receive appropriate application forms and a copy of the Conditions for Special Grant Programs in Vocational and Technical Education which will define relevant terms in the statute, state the procedures to be followed by the applicant in applying for a grant, the criteria to be used by the Commissioner in evaluating applications, and the conditions under which the Commissioner will award grants, as well as the conditions with which the grantee shall comply in carrying out its program,

§ 105.4 Nature and purpose of grants.

The Commissioner is authorized under the Act to award grants to eligible agencies, institutions, State boards, or local educational agencies. Such grants shall pay part of the cost of research and training programs in vocational education. Such grants shall also pay part of the cost of experimental, developmental, or pilot programs in vocational education developed by the grantees, which programs shall be designed to I meet the special vocational education needs of youths, with emphasis on those youths in economically depressed comImunities who have academic, socioeconomic or other handicaps that prevent them from succeeding in the regular E vocational education programs.

§ 105.5 Eligibility of applicants.

Any college, university, and other public or nonprofit private agency and institution, State board, and, with the approval of the appropriate State board for vocational education, local educational agency, is eligible to apply for a grant award. The following are not eligible:

(a) Individuals;

(b) Any institution or agency, including any corporation or association, if any part of its net earnings lawfully

inures or may inure to the benefit of any individual.

§ 105.6 Programs eligible.

Any program of an eligible applicant which the Commissioner of Education determines to be a research or training program, or an experimental, developmental or pilot program within the meaning of section 4(c) of the Act will be considered for a grant award. Experimental, developmental or pilot programs, in order to be eligible for consideration, must be designed to meet the special vocational education needs of youths. The Commissioner will give priority to experimental, developmental or pilot programs designed to meet the needs of youths in economically depressed communities who have academic, socioeconomic, or other handicaps that prevent them from succeeding in regular vocational education programs. This requirement does not mean that an experimental, developmental or pilot program which is in part directed to meet the needs of other persons is ineligible, provided a substantial part of such program is devoted to the needs of youths.

§ 105.7 Applications for grants.

Any applicant eligible for a grant award under § 105.5 may file an application on forms prescribed by the Commissioner. Such application shall describe the nature, duration, purpose and plan of the proposed program, the qualifications of the principal staff who shall be responsible for the program, the total facilities and resources that will be available, a justification of the amount of grant funds requested, the portion of the cost to be borne by the applicant, and such other pertinent information as the Commissioner may require. The application shall be executed by an individual authorized to act for the applicant. Applications and requests for information shall be sent to:

Division of Vocational and Technical Eduaction, Office of Education, U.S. Department of Health, Education, and Welfare, Washington, D.C. 20202.

§ 105.8 Criteria for evaluation of applications.

All applications filed in accordance with 105.7 will be evaluated by the Commissioner through such procedures as the Commissioner will establish. The

Commissioner's evaluation will take into account among other pertinent factors the educational significance, the program design or plan, the competence of personnel designated to carry out the program, the adequacy of facilities, the economic efficiency, and the feasibility of the proposed program.

§ 105.9 Disposition.

On the basis of his evaluation of an application pursuant to § 105.8, the Commissioner will either (a) approve the application in whole or in part, (b) disapprove the application, or (c) defer action on the application for such reasons as lack of funds or a need for further evaluation. Any deferral or disapproval of an application shall not preclude its reconsideration or resubmission. The Commissioner will notify the applicant in writing of the disposition of the application. If the Commissioner makes a grant, the grant award letter will include the approved budget and grant conditions. The applicant shall indicate acceptance of the proposed grant by having an authorized official sign a copy of the grant award letter and by returning such copy to: Division of Vocational and Technical Education,

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nated or created by a State to secure to the State the benefits of Federal grants for vocational education.

§ 105.23

Statement of conditions.

Each applicant for a grant will receive appropriate application forms and a copy of the Conditions for Grants for Residential Vocational Education Schools which will define relevant terms in the statute, state the procedures to be followed by the applicant in applying for a grant, the criteria to be used by the Commissioner in evaluating applications, and the conditions under which the Commissioner will award grants, as well as the conditions with which the grantee shall comply in carrying out its program. § 105.24 Nature and purpose of grants.

The Commissioner is authorized under the Act to award grants to eligible colleges, universities, State boards, or public educational agencies, organizations, or institutions for the purpose of demonstrating the feasibility and desirability of residential vocational education schools for certain youths with socioeconomic handicaps. Such grants may include the costs of construction, equipment, and operation of residential schools to provide vocational education for youths who are between the ages of 15 and 21 at time of enrollment, and who need full-time study on a residential basis in order to derive maximum benefit from vocational education. In making such grants the Commissioner will give special consideration to the needs of large urban areas having substantial numbers of youths who have dropped out of school or are employed and will seek to attain, as nearly as practicable, in the light of the purpose of the Act, an equitable geographical distribution of such schools.

§ 105.25 Eligibility of applications.

(a) Applicants. Any college, university, State board, or, with the approval of the appropriate State board, public educational agency, organization or institution (other than a college or university) is eligible to apply for a grant award. The following are not eligible: (1) Individuals;

(2) Any private nonprofit institution or agency including any corporation or association, other than a college or university;

(3) Any institution or agency, including any corporation or association, if any

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