(c) For the purposes of this section, the term "State" includes only the fifty States and the District of Columbia.

(Approved by the Office of Management and Budget under control number 18300030)

(Authority: 20 U.S.C. 2321(b), 2331)

[50 FR 33235, Aug. 16, 1985, as amended at 51 FR 25493, July 14, 1986; 53 FR 35258, Sept. 12, 1988]

8 401.14 Must a State establish a State council on vocational education?

A State that desires to participate in the State Vocational Education Program shall establish a State council on vocational education, which must be appointed

(a) By the Governor; or

(b) In the case of States in which the members of State board of education are elected, including election by the State legislature, by the State board of education.

(Authority: Sec. 112(a); 20 U.S.C. 2322(a); House Report No. 98-1129, 98th Cong, 2d Sess, p. 89 (1984))

[51 FR 25493, July 14, 1986]

§ 401.15 What are the membership requirements of the State council on vocational education?

(a) Each State council must be composed of thirteen individuals, and must be broadly representative of citizens and groups within the State having an interest in vocational education.

(b) Each State council must consist of

(1) Seven individuals who are representative of the private sector in the State and who must constitute a majority of the membership—

(i) Five of whom must be representative of business, industry, and agriculture including—

(A) One member who is representative of small business concerns; and

(B) One member who is a private sector member of the State job training coordinating council established pursuant to section 122 of the JTPA; and

(ii) Two of whom must be representatives of labor organizations; and

(2) Six individuals, one of whom must be representative of special education, who are representative of—

(1) Secondary and postsecondary vocational institutions (equitably distributed among those institutions);

(ii) Career guidance and counseling organizations within the State; and

(iii) Individuals who have special knowledge and qualifications with respect to the special educational and career development needs of special populations, including women, disadvantaged individuals, handicapped individuals, individuals with limited English proficiency, and minorities.

(c) In selecting individuals to serve on the State council on vocational education, the State shall give due consideration to the appointment of individuals who serve on a private industry council under the JTPA, or on State councils established under other related Federal programs.

(d) Each State shall certify to the Secretary the establishment and membership of the State council by the beginning of each State plan period described in § 401.17.

(Authority: Sec. 112(a), (b); 20 U.S.C. 2322(a), (b))

[50 FR 33235, Aug. 16, 1985, as amended at 51 FR 25493, July 14, 1986)

§ 401.16 What are the responsibilities of the State council on vocational education?

(a)(1) The State council on vocational education shall meet as soon as practical after the Secretary accepts its certification and shall select from among its membership a chairperson who must be a representative of the private sector.

(2) The State council on vocational education shall adopt rules that govern the time, place, and manner of meeting, as well as council operating procedures and staffing. The rules must provide for at least one public meeting each year at which the public is given an opportunity to express views concerning the vocational education program of the State.

(b) Each State council on vocational education, during each State plan period described in § 401.17 unless oth

erwise indicated in the regulations in this section, shall

(1) Meet with the State board or its representatives to advise on the development of the subsequent State plan, or any amendments to the current State plan, while the State plan or amendment is being developed;

(2) Advise the State board and make reports to the Governor, the business community, and general public of the State concerning

(i) Policies the State should pursue to strengthen vocational education, with particular attention to programs for the handicapped; and

(ii) Initiatives and methods the private sector could undertake to assist in the modernization of vocational education programs;

(3) Analyze and report on the distribution of all vocational education funds in the State and on the availability of vocational education activities and services within the State;

(4) Consult with the State board on the establishment of evaluation criteria for vocational education programs within the State;

(5) Submit recommendations to the State board on the conduct of vocational education programs conducted in the State which emphasize the use of business concerns and labor organizations;

(6) Assess and report on the distribution of financial assistance under the Act, particularly the distribution of financial assistance between secondary vocational education programs and postsecondary programs;

vocational education

(7) Recommend procedures to the State board to ensure and enhance the participation of the public in the provision of vocational education at the local level within the State, particularly the participation of local employers and local labor organizations;

(8) Report to the State board on the extent to which the individuals described in § 401.51 are provided with equal access to quality vocational education programs; and

(9)(i) At least once every two years(A) Evaluate the vocational education program delivery systems assisted under the Act and the JTPA in terms of their adequacy and effectiveness in

achieving their respective purposes; and

(B) Make recommendations to the State board on the adequacy and effectiveness of the coordination that takes place between vocational education and the JTPA; and

(ii) Advise, in writing, the Governor, the State board, the State job training coordinating council, the Secretary, and the Secretary of Labor of these findings and recommendations.

(c)(1) Each State council on vocational education is authorized to

(i) Obtain the services of whatever professional, technical, and clerical personnel are necessary to enable it to carry out its functions under the Act; and

(ii) Contract for whatever services are necessary to enable it to carry out its evaluation functions, independent of programmatic and administrative control by other State boards, agencies, and individuals.

(2) The expenditure of funds awarded to a State council on vocational education by the Secretary must be solely determined by that State council and may not be diverted or reprogrammed for any other purpose by any State board, agency, or individual. Each State council on vocational education shall designate an appropriate State agency, or other public agency eligible to receive funds under the Act, to act as its fiscal agent for purposes of disbursement, accounting, and auditing.

(Approved by the Office of Management and Budget under control number 18300030)

(Authority: Sec. 112(c)-(f); 20 U.S.C. 2322(c)-(f))

[50 FR 33235, Aug. 16, 1985, as amended at 51 FR 25493, July 14, 1986; 51 FR 26687, July 25, 1986]

§ 401.17 What are the State plan requirements?

(a) A State that desires to participate in the State Vocational Education Program shall submit to the Secretary a State plan for a three program year period in the case of the initial plan and a two program year period thereafter, together with any

annual amendments the State board determines to be necessary.

(b) Each State shall carry out its programs under the State Vocational Education Program on the basis of program years which coincide with program years under section 104(a) of the JTPA.

(c) The provisions of 34 CFR 76.103 do not apply to the State Vocational Education Program.

(Approved by the Office of Management and Budget under control number 18300029)

(Authority: Sec. 113(a)(1); 20 U.S.C. 2323(a)(1))

§ 401.18 How is the State plan developed? (a) In formulating the State plan, and any amendments to the State plan, the State board shall meet with and utilize the State council on vocational education established under § 401.14.

(b) After providing appropriate and sufficient notice to the public, the State board shall conduct at least two public hearings in the State for the purpose of affording all segments of the public and interested organizations and groups an opportunity to present their views and make recommendations regarding the State plan.

(c) In developing the State plan, the State board shall

(1) Assess the current and projected occupational needs and the current and projected demand for general occupational skills within the State;

(2) Examine the needs of students, including adults, in order to determine how best to improve student skill levels in light of the State's occupational and skill requirements;

(3) Assess the special needs of groups of individuals described in § 401.51 for access to vocational education and vocational services in terms of labor market needs;

(4) Assess the quality of vocational education in terms of—

(i) The pertinence of programs to the workplace and to new and emerging technologies;

(ii) The responsiveness of programs to the current and projected occupational needs in the State;

(iii) The capacity of programs to facilitate entry into, and participation

in, vocational eduction, and to ease the school-to-work and secondary-to-postsecondary transitions;

(iv) The technological and educational quality of vocational curricula, equipment, and instructional materials to enable vocational students and instructors to meet the challenges of increased technological demands of the workplace; and

(v) The capacity of vocational education programs to meet the needs for general occupational skills and the improvement of academic foundations in order to address the changing content of jobs;

(5) Determine the capacity of local educational agencies, with respect to secondary education, and postsecondary educational institutions, to deliver the vocational education services necessary to meet the needs identified through the assessments required by paragraphs (c) (1) through (4) of this section; and

(6) Determine, for each program year, how the services and activities supported under the Act may be expected to assist the State in meeting the needs identified through the assessments required by paragraphs (c) (1) through (4) of this section.

(Approved by the Office of Management and Budget under control number 18300029)

(Authority: Sec. 113(a)(3); 20 U.S.C. 2323(a)(3))

§ 401.19 What must the State plan contain?

(a) Assurances. To participate in the programs authorized under the State Vocational Education Program, the State shall include the following assurances in its State plan:

(1) That the State board will comply with the requirements of Titles I, II, III, and V of the Act (including the maintenance of fiscal effort requirement in § 401.22).

(Authority: Sec. 113(b)(1); 20 U.S.C. 2323(b)(1))

(2) That the State will comply with the distribution of assistance requirements contained in §§ 401.95 and 401.96.

(Authority: Sec. 113(b)(1)(B); 20 U.S.C. 2323(b)(1)(B))

(3) That, to the extent consistent with the number and location of handicapped and disadvantaged individuals who are enrolled in private elementary and secondary schools in the State, the State will provide for the participation of these individuals in the Vocational Education Opportunities Program.

(Authority: Sec. 113(b)(1)(C); 20 U.S.C. 2323(b)(1)(C))

(4) That the State will distribute at least eighty percent of its total basic State grant allotment to eligible recipients or combinations of eligible recipients. Funds distributed to Stateoperated schools or institutions are counted as if they were distributed to eligible recipients.

(Authority: Sec. 113(b)(4); 20 U.S.C. 2323(b)(4); House Report No. 98-1129, 98th Cong. 2d Sess. p. 96 (1984))

(5) That the State will distribute all of the State basic grant funds reserved for handicapped and disadvantaged individuals under § 401.92 (a) and (b) to eligible recipients or combinations of eligible recipients, in accordance with §§ 401.95 and 401.96.

(6) That in using funds allotted for single parents, homemakers, or single pregnant women under § 401.92(d)

(i) The State will emphasize assisting individuals with the greatest financial need; and

(ii) That in serving homemakers, the State will give special consideration to homemakers who, because of divorce, separation, or the death or disability of a spouse, must prepare for paid employment.

(Authority: 20 U.S.C. 2323(b)(7), 2331)

(7) That the State will provide relevant training and vocational education activities to men and women who desire to enter occupations that are not traditionally associated with their

sex.

(Authority: Sec. 113(b)(8); 20 U.S.C. 2323(b)(8))

(8) That the State will develop measures for evaluating the effectiveness of programs assisted under the Act in meeting the needs identified in the State plan, including measurements of such factors as

(i) The occupations to be trained for, which must reflect a realistic assessment of the labor market needs of the State;

(ii) The levels of skills, to be achieved in particular occupations, which must reflect the hiring needs of employers; and

(iii) The basic employment competencies to be used in performance outcomes, which must reflect the hiring needs of employers.

(Authority: Sec. 113(b)(9)(A); 20 U.S.C. 2323(b)(9)(A))

(9) That the State will establish appropriate measures for evaluating the effectiveness of programs for the handicapped under the Act, as a component of the measures developed under paragraph (a)(8) of this section. (Authority: Sec. 113(b)(9)(B); 20 U.S.C. 2323(b)(9)(B))

(10) That each program year the State will evaluate all of the projects, services, and activities, supported under this part, of at least twenty percent of the participating eligible recipients, so that by the end of a five year period every local program which has received Federal funds will have been evaluated.

(Authority: Sec. 113(b)(9)(C); 20 U.S.C. 2323(b)(9)(C); House Report No. 98-1129, 98th Cong. 2d Sess. p. 97 (1984))

(11) That the State will fund programs of personnel development and curriculum development that further the goals identified in the State plan. (Authority: Sec. 113(b)(11); 20 U.S.C. 2323(b)(11))

(12) That the vocational education needs of those identifiable segments of the population in the State that have the highest rates of unemployment have been thoroughly assessed, and that those needs are reflected in, and addressed by, the State plan.

(Authority: Sec. 113(b)(12); 20 U.S.C. 2323(b)(12))

(13) That the State board will cooperate with the State council on vocational education in carrying out the State council's duties under this part.

(Authority: Sec. 113(b)(13); 20 U.S.C. 2323(b)(13))

(14) That none of the funds expended under the Act will be used to acquire equipment (including computer software) in any instance in which its acquisition results in a direct financial benefit to any organization representing the interests of the purchasing entity, or its employees, or any affiliate of such an organization.

(Authority: Sec. 113(b)(14); 20 U.S.C. 2323(b)(14))

(15) That for each program year, expenditures for career guidance and counseling from allotments for the basic State grant authorized by Title II of the Act, and the Comprehensive Career Guidance and Counseling Program under the Special Programs authorized by Title III, Part D of the Act, will not be less than the expenditures for guidance and counseling programs in the State that were assisted under section 134(a) of the Vocational Education Act of 1963 for fiscal year 1984.

(Authority: Sec. 113(b)(15); 20 U.S.C. 2323(b)(15))

(16) That Federal funds made available under the Act will be used to supplement, and to the extent practicable, increase the amount of State and local funds that would in the absence of those Federal funds be made available for the uses specified in the State plan, and in no case to supplant those State or local funds.

(18) That the State, in using basic State grant funds reserved for vocational education services and activities for handicapped individuals and disadvantaged individuals under § 401.92, will

(i) Provide equal access to those individuals

(A) In recruitment, enrollment, and placement activities; and

(B) To the full range of vocational programs available to nonhandicapped and nondisadvantaged individuals, including occupationally specific courses of study, cooperative education, and apprenticeship programs; and

(ii) Provide vocational education programs and activities for handicapped individuals

(A) In the least restrictive environment in accordance with section 612(5)(B) of the Education of the Handicapped Act;

(B) Which are included, whenever appropriate, as a component of the individualized education program required under section 612(4) and section 614(a)(5) of that Act; and

(C) Which are planned through the coordination of appropriate representatives of vocational education and special education.

(Authority: Sec. 204(a); 20 U.S.C. 2334(a))

(19) That programs under the Adult Training, Retraining and Employment Development Program authorized by Title III, Part C of the Act

(i) Are designed with the active participation of the State council established under § 401.14;

(ii) Make maximum effective use of existing institutions, are planned to avoid duplication of programs or institutional capabilities, and, to the fullest extent practicable, are designed to strengthen institutional capacity to meet the education and training needs addressed by the Adult Training, Retraining, and Employment Development Program;

(iii) Involve close cooperation with and participation by public and private sector employers and public and private agencies working with problems of employment and training and economic development; and

(iv) Involve coordination with programs under the Rehabilitation Act of