§ 401.103 How must a State use funds under the Adult Training, Retraining, and Employment Development Program?

(a) In making a grant to a State, the Secretary informs the State what percentage of its allotment under the Adult Training, Retraining, and Employment Development Program must be used for projects, services, and activities under that program for individuals who are single parents or homemakers.

(b) The full-time person required by § 401.13 may administer the projects, services, and activities supported with the funds described in paragraph (a) of this section.

(Authority: Secs. 3(b)(3)(B), 111(b); 20 U.S.C. 2302(b)(3)(B), 2321(b))

§ 401.104 How must a State coordinate programs under the Adult Training, Retraining, and Employment Development Program?

(a) The State board shall consult with the State job training coordinating council established under the JTPA so that the council takes account of projects under the Adult Training, Retraining, and Employment Development Program when it formulates recommendations to the Governor, for the Governor's coordination and special services plan required by section 121 of the JTPA.

(b) In order to achieve the most effective use of all Federal funds

through programs that complement and supplement each other, and, to the extent feasible, provide an ongoing and integrated program of training and services for workers in need of that assistance, the State board shall adopt the procedures it considers necessary to encourage coordination between eligible recipients receiving funds under the Adult Training, Retraining, and Employment Development Program and the appropriate administrative entity established under the JTPA, in conducting their respective programs.

(Authority: Sec. 323(b); 20 U.S.C. 2373(b))

§ 401.105 How must funds be used under the Comprehensive Career Guidance and Counseling Program?

(a) A State shall use not less than twenty percent of its allotment under the Career Guidance and Counseling Program for projects, services, and activities designed to eliminate sex, age, and race bias and stereotyping under § 401.76(b)(2)(i) to ensure that projects, services, and activities under this program are accessible to all segments of the population, including women, disadvantaged individuals, handicapped individuals, individuals with limited English proficiency, and minorities.

(b)(1) The State board shall ensure that the experience and information gained through carrying out projects, services, and activities under this program are shared with program administrators for the purpose of program planning.

(2) The State board shall use funds from its allotment under this program to provide State leadership that is qualified by experience and knowledge in guidance and counseling.

(c) A State may use, in addition to funds reserved under § 401.91, not more than six percent of its allotment under this program for State administration of projects services, and activities under this program.

(Authority: Secs. 332(c), 333; 20 U.S.C. 2382(c), 2383)

[50 FR 33235, Aug. 16, 1985, as amended at 51 FR 25494, July 14, 1986]

Subpart H-What are the Administrative Responsibilities of a State Under the State Vocational Education Program?

§ 401.110 What are a State's responsibilities regarding the Vocational Education Data System?

A State that receives funds under the Act shall cooperate with the Secretary in supplying the information the Secretary requires, in the form the Secretary requires, and shall comply in its reports with the Vocational Education Data System developed by the Secretary under section 421 of the Act. (Authority: Sec. 421(b)(2); 20 U.S.C. 2421(b))

§ 401.111 What are a State's responsibil

ities regarding a State occupational information coordinating committee?

(a) A State that receives funds under the Act shall establish a State occupational information coordinating committee composed of representatives of the State board, the State employment security agency, the State economic development agency, the State job training coordinating council, and the agency administering the vocational rehabilitation program.

(b) With funds made available to it by the National Occupational Information Coordinating Committee, the State occupational information coordinating committee shall

(1) Implement an occupational information system in the State which will meet the common needs for the planning and operation of programs of the State board assisted under the Act and the programs of the administering agencies under the JTPA; and

(2) Use the occupational information system to implement a career information delivery system.

(Authority: Sec. 422(b); 20 U.S.C. 2422(b))

§ 401.112 What are a State's audit responsibilities under the Act?

A State shall obtain financial and compliance audits of any funds which it receives under the Act, and shall make these audits public within the State on a timely basis. Each State shall comply with the audit requirements of the Single Audit Act of 1984 with respect to any of its fiscal years that begin after December 31, 1984. (Approved by the Office of Management and Budget under control number 18300030)

(Authority: Sec. 505; 20 U.S.C. 2465; 31 U.S.C. 7501 et seq.)

§ 401.113 What are a State's responsibilities to the National Center for Research in Vocational Education?

A State shall forward to the National Center for Research in Vocational Education a copy of an abstract for each new research, curriculum development, or personnel development project it supports, and the final report on each project.

(Approved by the Office of Management and Budget under control number 18300011)

(Authority: Sec. 404(b)(6); 20 U.S.C. 2404(b)(6))

Subpart I-What are the Enforcement Procedures Under the State Vocational Education Program?

§ 401.120 What enforcement procedures may the Secretary use?

(a) In addition to using the enforcement procedures authorized by Part E of the General Education Provisions Act, the Secretary may withhold funds under the State Vocational Education Program in accordance with the provisions of section 504 of the Act. Hearings under section 504 of the Act are conducted by the Education Appeal Board.

(b)(1) The Secretary conducts any hearings held under section 453 of the General Education Provisions Act in connection with funds under the State Vocational Education Program in the State of the affected unit of local government or geographic area within the State.

(2) For the purposes of paragraph (b)(1) of this section

(i) "Unit of local government" means a county, municipality, town, township, village, or other unit of general government below the State level; and

(ii) "Geographic area within a State" means a special purpose district or other region recognized for governmental purposes within that State which is not a unit of local government.

(Authority: Sec. 504 (a), (b), (d); 20 U.S.C. 1234, 2464 (a), (b), (d))

§ 401.121 How under the Act may an eligible recipient appeal a final action of a State board?

In accordance with the provisions of section 504(c) of the Act, an eligible recipient that is dissatisfied with the final action of the State board, or other appropriate State administering agency, with respect to the approval of its local application, may file a petition for the review of that action with the United States Court of Appeals for

(3) Postsecondary educational institutions.

(4) Private nonprofit vocational training institutions.

(5) Other nonprofit organizations specially created to serve individuals who normally use a language other than English.

(b) Private for-profit agencies and organizations are eligible for contracts under this program.

(Authority: Sec. 441(a); 20 U.S.C. 2441(a))

§ 407.3 What regulations apply to this program?

The following regulations apply to the Bilingual Vocational Training Program:

(a) The regulations in 34 CFR Part 400.

(b) The regulations in this part. (Authority: Sec. 441(a); 20 U.S.C. 2441(a))

§ 407.4 What definitions apply to this program?

The definitions in 34 CFR 400.4 apply to this program.

(Authority: Sec. 441(a); 20 U.S.C. 2441(a))

Subpart B-What Kinds of Activities Does the Secretary Assist Under This Program?

§ 407.10 What types of projects may be funded?

(a) The Secretary provides assistance through grants, contracts, or cooperative agreements for

(1) Bilingual vocational training projects for individuals who have completed or left elementary or secondary school and who are available for education in a postsecondary educational institution;

(2) Bilingual vocational education and training projects for individuals who have already entered the labor market and who desire or need train

ing or retraining to achieve year-round employment, adjust to changing manpower needs, expand their range of skills, or advance in employment; and (3) Training allowances for participants in bilingual vocational training projects.

(b) Bilingual vocational training projects must include instruction in the English language to ensure that participants in that training will be equipped to pursue occupations in an English language environment.

(c) In the Commonwealth of Puerto Rico, the Bilingual Vocational Training Program may provide for the needs of students of limited Spanish proficiency.

(Authority: Sec. 441(a), (e)(2); 20 U.S.C. 2441(a), (e)(2))

Subpart C-How Does One Apply for a Grant?

§ 407.20 What must an application include?

(a) An application must

(1) Provide that the activities and services for which assistance is sought will be administered by or under the supervision of the applicant;

(2) Describe a project of a size, scope, and design that will make a substantial contribution toward carrying out the purpose of this program; and

(3) Be submitted to the State board or agency designated or established under section 111 of the Act for review and comment, including comment on the relationship of the proposed project to the State's vocational education program.

(b) An applicant shall include any comments received under paragraph (a)(3) of this section with the application.

(Approved by the Office of Management and Budget under control number 18300013)

(Authority: Sec. 441(d) (1), (2); 20 U.S.C. 2441(d) (1), (2))

Subpart D-How Does the Secretary Make a Grant?

§ 407.30 How does the Secretary evaluate an application?

(a) The Secretary evaluates an application for a grant or cooperative agreement on the basis of the criteria in § 407.31.

(b) The Secretary may award up to 100 points, including a reserved 15 points to be distributed in accordance with paragraph (d) of this section, based on the criteria in § 407.31.

(c) Subject to paragraph (d) of this section, the maximum possible points for each criterion is indicated in parentheses after the heading for each criterion.

(d) For each competition, as announced in a notice published in the FEDERAL REGISTER, the Secretary may assign the reserved 15 points among the criteria in § 407.31.

(e) Prior to making an award, the Secretary consults with the State board designated or established under section 111 of the Act to ensure an equitable distribution of assistance among populations of individuals with limited English proficiency within the State.

(Authority: Sec. 441(a), (d)(5); 20 U.S.C. 2441(a), (d)(5))

§ 407.31 What selection criteria does the Secretary use?

The Secretary uses the following selection criteria in evaluating each application:

(a) Need. (20 points)

(1) The Secretary reviews each application for specific information that shows the need for the proposed training in the local geographic area.

(2) The Secretary looks for information that shows

(i) The need for the proposed project, including

(A) The employment need to be met; (B) How that employment need will be met; and

(C) Where appropriate, ongoing and planned activities in the community that pertain to that employment need; and

(ii) The relationship of the project to any appropriate economic development plan.

(b) Plan of operation. (10 points)

(1) The Secretary reviews each application for information that shows the quality of the plan of operation for the project.

(2) The Secretary looks for information that shows

(i) High quality in the design of the project;

(ii) An effective plan of management that ensures proper and efficient administration of the project;

(iii) A clear description of how the objectives of the project relate to the purpose of the program;

(iv) The way the applicant plans to use its resources and personnel to achieve each objective; and

(v) A clear description of how the applicant will provide equal access and treatment for eligible project participants who are members of groups that have been traditionally underrepresented, such as

(A) Members of racial or ethnic mi

nority groups;

(B) Women;

(C) Handicapped persons; and (D) The elderly.

(c) Program factors. (10 points)

(1) The Secretary reviews each application for information that shows the applicant's understanding of key program factors.

(2) The Secretary looks for information that shows

(i) An understanding of the key methodologies and techniques used in bilingual vocational training such as

(A) Providing training and instruction in English and the native languages of the trainees;

(B) Providing job-related English-asa-second language instruction;

(C) Coordinating job-related English-as-a-second language instruction with the occupational training; or

(D) Providing training and guidence to prepare trainees for working in an English language environment;

(ii) Procedures for recruiting persons with limited English proficiency who are in the greatest need for bilingual vocational training;

(iii) Procedures for evaluating the skills and needs of trainees;

(iv) An understanding of the importance of appropriate counseling and follow-up activities with former trainees;

(v) That the training will provide opportunities for employment in jobs that have potential for career advancement or opportunities for entrepreneurship; and

(vi) That the project will be coordinated with the State board or agency designated or established under section III of the Act.

(d) Quality of key personnel. (10 points)

(1) The Secretary reviews each application for information that shows the qualifications of the key personnel the applicant plans to use on the project.

(2) The Secretary looks for information that shows

(i) The qualifications of the project director (if one is to be used);

(ii) The qualifications of each of the other key personnel to be used in the project;

(iii) The time that each person referred to in paragraphs (d)(2) (i) and (ii) of this section will commit to the project; and

(iv) The extent to which the applicant, as part of its nondiscriminatory employment practices, encourages applications for employment from persons who are members of groups that have been traditionally underrepresented, such as

(A) Members of racial or ethnic minority groups;

(B) Women;

(C) Handicapped persons; and (D) The elderly.

(3) To determine personnel qualifications, the Secretary considers experience and training, in fields related to the objectives of the project, as well as other information that the applicant provides.

(e) Budget and cost effectiveness. (10 points)

(1) The Secretary reviews each application for information that shows that the project has an adequate budget and is cost effective.

(2) The Secretary looks for information that shows