crediting agency or association qualified to accredit schools of a particular category, by a State agency listed by the Secretaray; or

(iii) If the Secretary determines that there is no nationally recognized or State agency or association qualified to accredit schools of a particular category, by an advisory committee appointed by the Secretary and composed of persons specially qualified to evaluate training provided by schools of the category, which comittee shall prescribe the standards of content, scope, and quality which must be met by those schools and shall also determine whether particular schools meet those standards.

Program year means a period beginning on July 1 and ending on the following June 30.

School facilities means classrooms and related facilities, including initial equipment, and interests in lands on which the facilities are constructed. The term does not include any facility intended primarily for events for which admission is to be charged to the general public.

Single parent means an individual who

(1) Is unmarried or legally separated from a spouse; and

(2) Has a minor child or children for which the parent has either custody or joint custody.

Small business means for-profit enterprises employing five hundred or fewer employees.

State means any of the 50 States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands.

State board means a State board designated or created by State law as the sole State agency responsible for the administration of vocational education, or for supervision of the administration of vocational education in the State.

State council means the State council on vocational education established in accordance with section 112 of the Act.

Vocational education means organized educational programs which are directly related to the preparation of

individuals for paid or unpaid employment, in such fields as agriculture, business occupations, home economics, health occupations, marketing and distributive occupations, technical and emerging occupations, modern industrial and agriculture arts, and trades and industrial occupations, or for additional preparation for a career in those fields, and in other occupations requiring other than a baccalaureate or advanced degree and vocational student organization activities as an integral part of the program. For purposes of this definition, "organized education program” means only

(1) Instruction, including career guidance and counseling, related to the occupation or occupations for which the students are in training or instruction necessary for students to benefit from that training; and

(2) The acquisition, including leasing, maintenance, and repair, of instructional equipment, supplies, and teaching aids. The term does not mean construction, acquisition of initial equipment or buildings, or the acquisition or rental of land.

Sec.

Subpart B-How Does a State Participate in

the State Vocational Education Program? 401.10 What is the State board? 401.11 What are the principal responsibilites of the State board?

401.12 What are the additional responsibilities of the State board? 401.13 What are the personnel requirements regarding the elimination of sex discrimination and sex stereotyping? 401.14 Must a State establish a State council on vocational education? 401.15 What are the membership requirements of the State council on vocational education?

401.16 What are the responsibilities of the State council on vocational education? 401.17 What are the State plan requirements?

401.18 How is the State plan developed? 401.19 What must the State plan contain? 401.20 What procedures does a State use to submit its State plan?

401.21 When are amendments to State plans required?

401.22 What is the maintenance of fiscal effort requirement under the State Vocational Education Program?

Subpart C-How Does the Secretary Make a Grant to a State?

401.30 How Does the Secretary make allotments under the State Vocational Education Program?

401.31 How does the Secretary make reallotments under the State Vocational Education Program?

401.32 When does the Secretary approve State plans and amendments?

Subpart D-How Does a State Make an Award to an Eligible Recipient?

401.40 How does a State carry out the State Vocational Education Program? 401.41 What are the local application requirements under the State Vocational Education Program?

Subpart E-What Kinds of Activities Does the Secretary Assist Under the Basic State Grant?

401.50 What are the components of the basic grant?

401.51 What is the Vocational Education Opportuntities Program?

401.52 How may funds under the Vocational Education Opportunities Program be used to serve handicapped individuals? 401.53 How may funds under the Vocation

al Education Opporunities Program be used to serve disadvantaged individuals?

Sec. 401.54 How may funds under the Vocational Education Opportunities Program be used to serve adults who are in need of training or retraining? 401.55 How may funds under the Vocational Education Opportunities Program be used to serve individuals who are single parents, homemakers, or single pregnant women?

401.56 How may funds under the Vocational Education Opportunities Program be used to serve individuals who participate in programs designed to eliminate sex bias and stereotyping in vocational education?

401.57 How may funds under the Vocational Education Opportunities Program be used for criminal offenders who are serving in a correctional institution? 401.58 In what additional ways may funds under the Vocational Education Opportunities Program be used?

401.59 What is the Vocational Education Improvement, Innovation, and Expansion Program?

401.60 How may funds under the Vocational Education Improvement, Innovation, and Expansion Program be used? 401.61 How may a State distribute funds under the Vocational Education Improvement, Innovation, and Expansion Program?

Subpart F-What Kinds of Activities Does the Secretary Assist Under the Special Programs?

401.70 What are the Special Programs? 401.71 What activities does the Secretary support under the State Assistance for Vocational Education Support Program by Community-Based Organizations? 401.72 What are the application requirements for the State Assistance for Vocational Education Support Programs by Community-Based Organizations? 401.73 What activities does the Secretary support under the Consumer and Homemaking Education Program? 401.74 What are the purposes of the Adult Training, Retraining, and Employment Development Program?

401.75 What activities does the Secretary support under the Adult Training, Retraining, and Employment Development Program?

401.76 What activities does the Secretary support under the Comprehensive Career Guidance and Counseling Program?

401.77 What are the purposes of the Industry-Education Partnership or Training in High-Technology Occupations Program?

Sec.

401.78 What activities does the Secretary support under the Industry-Education Partnership for Training in High-Technology Occupations Program? 401.79 What are the special considerations under the Industry-Education Partnership for Training in High-Technology Occupations Program?

401.80 What additional fiscal requirements apply to the Industry-Education Partnership for Training in High-Technology Occupations Program?

Subpart G-What Conditions Must the State Meet Under the State Vocational Education Program?

401.90 How does a State reserve funds under the basic State grant? 401.91 How does a State reserve funds under the basic State grant for State administration?

401.92 How does a State reserve funds under the Vocational Education Opportunities Program?

401.93 What are the administrative cost requirements under the State Vocational Education Program?

401.94 What are the cost-sharing requirements under the State Vocational Education Program?

401.95 How does a State allocate funds for handicapped individuals under the Vocational Education Opportunities Program?

401.96 How does a State allocate funds for disadvantaged individuals under the Vocational Education Opportunities Program? 401.97 How does a State match funds for handicapped individuals and disadvantaged individuals under the Vocational Education Opportunities Program? 401.98 How does an eligible recipient use community-based organizations under the Vocational Education Opportunities Program?

401.99 What kinds of joint projects are authorized under the Vocational Education Opportunities Program? 401.100 How does a State distribute funds

not reserved for handicapped or disadvantaged individuals under the Vocational Education Opportunities Program?

401.101 What are the "equal access" provisions that apply to handicapped individuals and disadvantaged individuals under the Vocational Education Opportunities Program?

401.102 How must funds be used under the Consumer and Homemaking Education Program?

§ 401.1 What is the State Vocational Education Program?

(a) Under the State Vocational Education Program, the Secretary makes grants to States, to assist them, local educational agencies, postsecondary educational institutions, and other agencies and institutions to administer the Federally assisted vocational education programs that are authorized by the Act.

(b) The State Vocational Education Program consists of the programs under the basic State grant for vocational education authorized by Title II of the Act and the Special Programs authorized by Title III of the Act. (Authority: 20 U.S.C. 2301 et seq.)

§ 401.2 What regulations apply to the State Vocational Education Program? The following regulations apply to the State Vocational Education Program:

(a) The regulations in 34 CFR Part 400.

(b) The regulations in this part. (Authority: 20 U.S.C. 2301 et seq.)

§ 401.3 What definitions apply to the State Vocational Education Program?

The definitions in 34 CFR 400.4 apply to the State Vocational Education Program.

(Authority: Sec. 521; 20 U.S.C. 2471)

Subpart B-How Does a State Participate in the State Vocational Education Program?

8401.10 What is the State board?

A State that desires to participate in the programs authorized by the Act shall, consistent with State law, designate or establish a State board of vocational education which shall be the sole State agency responsible for the administration or the supervision of the State's vocational education program.

(Authority: Sec. 111(a); 20 U.S.C. 2321(a))

§ 401.11 What are the principal responsibilities of the State board?

The principal responsibilities of the State board must include

(a) The coordination of the development, submission, and implementation of the State plan;

(b) The evaluation of the programs, services, and activities assisted under the Act, as required by § 401.19(a) (8) and (9);

(c) The development, in consultation with the State council on vocational education, and the submission to the Secretary of the State plan;

(d) Consultation with the State council on vocational education and other appropriate agencies, groups, and individuals involved in the planning, administration, evaluation, and coordination of programs under the Act;

(e) Convening and meeting as a State board, consistent with State law

and procedure, when the State board determines it is necessary to meet to carry out its functions under the Act, but not less than four times annually; and

(f) The adoption of those procedures the State board considers necessary to implement State level coordination with the State job training coordinating council in order to encourage cooperation between programs under the Act and programs under the JTPA. (Authority: Sec. 111(a); 20 U.S.C. 2321(a)) § 401.12 What are the additional responsibilities of the State board?

(a) The State board shall make available to each private industry council (PIC) established within the State under section 102 of the JTPA a current listing of all programs assisted under the Act.

(b)(1) The State board, in consultation with the State council on vocational education established under § 401.14, shall establish at least two technical committees to advise the State council and the State board on the development of model curricula to address State labor market needs. The technical committees shall develop an inventory of skills that may be used by the State board to define state-of-theart model curricula. This inventory must identify the type of and level of knowledge and skills needed for entry, retention, and advancement in occupational areas taught in the State.

(2) The State board shall establish procedures for membership, operation, and duration of the technical committees that are consistent with the purposes of the Act. Their membership must be composed of representatives of

(i) Employers from any relevant industry or occupation for which the committee is established;

(ii) Trade or professional organizations representing any relevant occupations; and

(iii) Organized labor, where appropriate.

(3)(i) A State may use funds reserved under § 401.90(b)(2) for the Vocational Education Improvement, Innovation, and Expansion Program to support the activities of the technical

a

(c) The State board shall identify as State imposed requirement any State rule or policy it imposes relating to the administration and operation of programs funded under the Act, including any rule or policy based on the State board's interpretation of any Federal law, regulation, or guideline.

(d) Except for the functions described in § 401.11, the State board may delegate any of its other administrative, operational, or supervisory responsibilities, in whole or in part, to one or more appropriate State agencies.

(Authority: Secs. 111(a), (c), (d), (e), 521(1); 20 U.S.C. 2321(a), (c), (d), (e), 2471(1))

[50 FR 33235, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985]

§ 401.13 What are the personnel requirements regarding the elimination of sex discrimination and sex stereotyping? (a) A State that desires to participate in the State Vocational Education Program shall assign one individual, within the appropriate agency established or designated by the State board under § 401.12(d) to administer vocational education programs within the State, to work full time to assist the State board to fulfill the purposes of the Act by

(1) Administering the program of vocational education for single parents, homemakers, and single pregnant women described in § 401.55 and the equity program described in

sex

new and emerging occupational fields, and occupations regarded as nontraditional for women; and

(ii) Status of men and women students and employees in the programs in paragraph (a)(2)(i) of this section;

(3)(i) Reviewing vocational educational programs, including career guidance and counseling, for sex stereotyping and sex bias, with particular attention to practices which tend to inhibit the entry of women in high technology occupations; and

(ii) Submitting recommendations for inclusion in the State plan for programs and policies to overcome sex bias and sex stereotyping in the programs in paragraph (a)(3)(i) of this section;

(4) Submitting to the State board an assessment of the State's progress in meeting the purposes of the Act with regard to overcoming sex discrimination and sex stereotyping;

(5) Reviewing proposed actions on grants, contracts, and the policies of the State board to ensure that the needs of women are addressed in the administration of that Act;

(6) Developing recommendations for programs of information and outreach to women concerning vocational education and employment opportunities for women, including opportunities for careers as technicians and skilled workers in technical fields and new and emerging occupational fields;

(7) Providing technical assistance and advice to local educational agencies, postsecondary institutions, and other interested parties in the State, on expanding vocational opportunities for women; and

(8) Assisting administrators, instructors, and counselors in implementing programs and activities to increase access for women, including displaced homemakers and single heads of households, to vocational education and to increase male and female students' enrollment in nontraditional programs.

(b) A State shall, in accordance with § 401.91(b), reserve at least $60,000 to carry out the provisions of paragraph (a) of this section, including the provision of necessary and reasonable staff support.