This should include programs where training and retraining of guidance personnel can be effectively evaluated as well as programs which directly provide guidance counseling and placement services as part of the vocational education effort."

Response. The research activities listed in this regulation are taken directly from the Act. Under this present authority, the State may evaluate the effectiveness of training and retraining of guidance personnel or other personnel. No change is made in the regulation.

§ 104.706 Exemplary and Innovative Programs.

Comment. A commenter recommended that programs designed to facilitate the employment of older people, including people over 65 years of age be included in the list of possible uses of exemplary and innovative funds.

Response. Although older people are not separately identified as persons who would benefit from exemplary and innovative projects, they clearly are included. No change is made in the regulation.

Comment. One commenter recommended that § 104.706 give special consideration to four-year postsecondary institutions as contractors for the funds for exemplary and innovative programs.

Response. Although there is no legal basis in the Act for giving special consideration to four-year postsecondary institutions as contractors, they are not excluded. No change is made in the regulation.

§ 104.708 Curriculum development.

Comment. Several commenters questioned why the research coordinating units must do the contracting for the curriculum development effort.

Response. Section 133(a) of the Act, as amended by the Technical Amendments, clearly states that the contracts for curriculum development are to be made by the research coordinating units. No change is made in the regulation.

Comment. A commenter recommended the phrase "sex stereotyping" be added after "sex bias" in § 104.708(c).

Response. The recommendation is accepted. It was an oversight in the proposed regulation to have left out "sex stereotyping." § 104.761 Qualifications of counselors.

Comment. A commenter recommended that the regulation associated with the administration, supervision, conduct, and design of vocational guidance and counseling programs and services set forth the qualifications of personnel to be supported by available funds. This would include setting minimum professional standards for counselors. Administrators and practitioners

should be required to meet the certification standards for practicing counselors.

Response. Since the current law does not set forth specific qualifications for these personnel and the criteria will vary from State to State, the States have discretion to establish their own certification standards. No change is made in the regulation.

§ 104.761 Needed personnel for guidance and counseling.

Comment. A commenter indicated that vocational gudiance and counseling are vastly needed to improve vocational education programs. However, guidance and counseling personnel cannot be expected to provide all the vocational education services as outlined in the regulation. Other personnel and funds should be available to coordinate services.

Response. It is expected that the Federal funds earmarked by the State to support vocational development and guidance under this section of the Act will supplement the State's ongoing effort to improve the guidance, counseling, placement and follow-up services offered to their students. No change is made in the regulation.

§ 104.763 Activities eligible for funding.

Comment. Several commenters recommended a rephrasing of the statement, "funds made available to a State under the vocational guidance and counseling program (section 134 of the Act) shall be used to support one or more of the following ** Various substitute language was suggested by the commenters for the phase "to support one or more of the following ***." In most instances, the commenters offered recommendations that, if put into the regulation, would assure the funding of specific activities and in some cases each of the eight activities listed in the Act.

Response. The Technical Amendments make the intent of Congress clear on this issue. The language of the Technical Amendments is "shall include one or more of the following activities .." No change is made in the regulation.

§ 107.763 Organization of vocational guidance activities.

Comment. A substantial number of commenters expressed the opinion that while they agreed that funds allocated under section 130(a) shall be used to support one or more of the eight activities listed in section 134 of the Act, they questioned the reorganization of the eight activities into five as proposed in the NPRM. The commenters preferred for reason of interpretation that the eight activities be enumerated in the regulation as they appear in the Act.

Response. The major purpose for reorganizing the eight groups of activities listed in the Act into five, with appropriate sub

groups, was to simplify and make clearer the meaning of the Act. Judging from the many comments received from the public on this regulation, the purpose for regrouping was not achieved. Therefore, the recomendation of the commenters is accepted, and § 104.763 is changed to conform to the language of the Act.

§ 104.763 Eligibility for placement and follow-up services.

Comment. Several commenters raised questions about the meaning of educational placement and job placement services, and which groups or individuals are eligible to receive funds for this activity under the Act. Response. The law provides funds for educational and job placement services, including follow-up services, for high school, college, and university students. Educational and job placement services and follow-up is one of the eight vocational guidance and counseling activities included in the Act. The Technical Amendments make it clear that funds shall be used for one or more of these eight activities and that the one or more activities funded shall be determined by the State. No change is made in the regulation.

§ 104.763 Placement cnd follow-up services. Comment. A commenter recommended that the regulation specify that placement and follow-up services are concerned with the occupational programs in secondary schools, area vocational schools, community colleges, and baccalaureate or higher degree-granting institutions.

Response. The current language of $104.763(3) makes it clear that all the groups identified by the commenter are eligible for placement and follow-up services. No change is made in the regulation. § 104.764(a) Special emphasis.

Comment. A commenter expressed the opinion that the term "counselor" as used in this regulation could be misinterpreted or puzzling and might pose a problem regarding official counselor qualifications. This commenter recommended the deletion of the phrase "into schools as counselors and the use of the phrase "into schools as Vocational career advisors for students."

Response. The language of the Act is "to bring individuals with experience in business and industry, the professions, and other occupational pursuits into schools as counselors or advisors for students." Both the Act and the regulation allow the local schools the flexibility to bring these individuals in as advisors. No change is made in the regulation.

VOCATIONAL EDUCATION PERSONNEL TRAINING $104.774. Other types of training.

Comment. A commenter asked whether funds available under section 130 of the Act

could be used to provide training for competency-based programs, teacher certification programs, vocational degree programs, and vocational leadership development programs. This commenter recommended a regulation stipulating that locally-oriented evaluation and needs assessment must be the basis for determining the uses to be made of vocational education personnel training funds.

Response. The State, through its five-year State plan and annual program plan, has the option of providing any kind of training that it believes will improve the quality of instruction, supervision, or administration of vocational education. The State may choose to base its determinations on local evaluation and local needs assessments. The recommendation that the State's options in this matter be limited by regulation is not accepted because there is nothing in the Act on which to base such a limitation. No change is made in the regulation.

Comment. One commenter recommended that § 104.774(b) be amended to read "Inservice training ・・・ to overcome sex bias and sex stereotyping' in vocational education programs."

Response. The recommendation to add "and sex stereotyping" is accepted, because the Congress, in the Act's declaration of purpose (section 101.(3)), emphasized equal opportunity in vocational education for persons of both sexes, and because it is not reasonable to suppose that after the Congress included overcoming both sex discrimination and sex stereotyping in the declaration of purpose, it meant to exclude the latter concern in programs of vocational educational personnel training.

Comment. One commenter wanted the regulation to include, specifically, training in curriculum development.

Response. The recommendation is not accepted because such training may be included under the non-exhaustive list in § 104.774 at the option of the State. No change is made in the regulation.

§ 104.774 Handicapped or disadvantaged students.

Comment. A commenter recommended that the regulation include, as an allowable category, training to improve vocational education for handicapped and disadvantaged persons; another commenter similarly wanted to include, as a category training to deal with "learning disabilities."

Response. Such training may already be included under the non-exhaustive list in § 104.774 at the option of the State. Nevertheless, because of the emphasis in the Act on these categories, the regulation has been amended to include them specifically.

GRANTS TO OVERCOME SEX BIAS

§ 104.792 Overcome sex bias "and sex stereotyping."

Comment. One commenter requested that "sex stereotyping" be added to § 104.792(a). Response. The recommendation is accepted. Although the title of section 136 in the Act uses only the term "sex bias," the body of that section refers to "sex stereotyping and bias." It appears that "sex stereotyping" was inadvertently omitted from the regulation.

§ 104.793 Types of projects.

Comment. Many commenters felt that the activities listed were too limiting and examples should be deleted altogether. Many others, however, felt that the list was not comprehensive enough. Of these commenters, most wanted to add "programs to overcome sex bias" to the list.

Response. The activities listed in § 104.793 are intended to be examples, and the list is not exhaustive. Section 136 of the Act, which authorizes grants to overcome sex bias and sex stereotyping, falls under subpart 3, Program Improvement and Supportive Services; therefore, funds used under this section must go for support or improvement of vocational education programs. Insofar as programs to overcome sex bias fall into this category, they may be supported by funds under this section. No change is made in the regulation.

§ 104.793(e) “Assisting girls and women” in selecting careers.

Comment. Several commenters felt that § 104.793(e)(2) should not be restricted to women and girls and that the regulation should read: "Assisting persons in selecting careers." The rationale they gave for requesting the change was that males, too, need assistance in selecting careers according to their interests rather than according to stereotypes. They felt that, in leaving males out, the regulation was "sexist."

Response. The recommendation is accepted to include males as well as females. Paragraph (e) is rewritten to include assistance for all persons in selecting careers since sex stereotyping is not limited to females.

SUBPART 4--SPECIAL PROGRAMS FOR THE

DISADVANTAGED

§ 104.801. Girls and women as disadvantaged.

Comment. A commenter has recommended that "because girls and women traditionally have been channeled into educational tracks which have not enabled them to acquire the prerequisites to pursue training for a wide range of occupations," "girls and women" should be added as a group who require special services in order for them to

succeed in vocational education programs. The same commenter recommended an additional criterion, "those who lack prerequisites as a result of previous discrimination."

Response. Since the criteria for identifying those who are academically disadvantaged already include the lack of reading, writing, or mathematical skills, and failure to perform at the necessary grade level, adding a specific category for "girls and women" as disadvantaged (even those who have the necessary skills and perform at the necessary grade level) would seem unnecessary. Therefore, this recommendation is not accepted. No change is made in the regulation.

Comment. A commenter suggested that although the phrase used in section 140(b)(1) of the Act is "youth unemployment and school dropouts", the word "or" should be used in the regulation as both criteria need not be met.

Response. The recommendation is accepted. In order to provide a degree of consistency in the regulations for funding those programs which require prioritizing of local applications on the basis of youth unemployment or school dropouts (the work study program, the cooperative vocational education program, and special programs for the disadvantaged), the word "and" in § 104.531(b) and $104.802(a) has been changed to "or." Funds may be used in areas of either high concentration of youth unemployment or high concentration of school dropouts.

§ 104.804 Academic disadvantage.

Comment. A commenter pointed out that, since academic handicaps are of such a variety, detection of academic handicaps, and symptoms of underachievement could be made earlier by a school counselor than by an instructor. The commenter recommended that qualified counseling be provided at the elementary school level and through the implementation of programs for the disadvantaged.

Response. The regulation for subpart 4, "Special Programs for the Disadvantaged," does not state who shall apply the criteria of "disadvantaged" to a particular individual. By not prescribing who must apply the criteria, the State or the LEA has the full range of options. The student, the student's parents, the student's teacher, and the school's guidance counselor may all be involved in the decision. Individual guidance and counseling for the academically and economically disadvantaged is very important. Elsewhere in the Act (section 130) and in the regulations (§§ 104.761-764) the importance of guidance and counseling activities is stressed; however, the regulation does

not require the advice of a guidance counselor in every situation. No change is made in the regulation.

§ 104.804(b)(3) Performance below grade level.

Comment. Another commenter recommended deletion of "performance below grade level" in the definition of "academic disadvantage," considering the criteria of (b)(1) or (b)(2) adequate.

Response. Since the three criteria of paragraph (b) of § 104.804 (that is the criteria in (b) (1), (2) and (3)) are alternatives, criteria (3) need not be applied by those who do not believe performance below grade level to be a valid criterion. These criteria must, of course, be applied in relation to paragraph (d) (1) and (2) in reaching a decision whether special services are necessary. Likewise, the four alternative criteria of paragraph (c) of § 104.804 must be applied in relation to paragraph (b) (1) and (2). No change is made in the regulation.

Comment. Many commenters recommended that the regulation use the term "occupation" (singular) of consumer and homemaker even though the Act uses "occupations" (plural).

Response. The recommendation is accepted. The phrase "occupation of consumer and homemaking" has been substituted. Although the regulation follows very closely after the Act, since the persons most closely associated with administration, of, or instruction in, consumer and homemaking education feel strongly that the occupation of consumer and homemaking should be referred to in the singular, the regulation is amended accordingly.

§ 104.903(a) Consumer and homemaking education at the elementary level. Comment. A commenter questioned the inclusion of "elementary" after the phrase "at all educational levels" because elsewhere vocational education is only for secondary, postsecondary, and adult levels.

Response. The House Report (No. 94-1085, page 50) expressly states that the program of consumer and homemaking education was expanded to include the elementary level. Therefore, no change is made in the regulation.

§ 104.904 Preference to LEAs for creative approaches in eliminating sex stereotyping in consumer and homemaking programs.

Comment. A commenter stated: "The regulations should require that State Plans in

clude criteria for selection of applicants based on the degree to which the applicant places emphasis on the preparation of males and females for combining the roles of homemaker and wage earner. Local education agencies should receive preference for funding if they develop or utilize creative approaches for achieving this objective.

Response. This recommendation goes beyond the terms of the Act. While section 150(b)(1)(B) of the Act requires the State plan "to encourage elimination of sex stereotyping in consumer and homemaking programs by promoting the development of curriculum materials ・・ *" and to "prepare

males and females who have entered or are preparing to enter the work of the home," the Act does not provide for preference in funding LEAs which show a creative approach in eliminating sex stereotyping. The Commissioner urges the States to encourage all LEAS to assure participation of both males and females in consumer and homemaking programs. The Act does not support criteria for competition among LEAs with preference in funding on this basis for some and the non-funding of others. Exemplary projects in consumer and homemaking education may, however, be funded by the State under § 104.706 or by the Commissioner under § 105.104(a)(2). No change is made in the regulation.

§ 104.904 Scheduling for consumer and homemaking courses.

Comment. A commenter stated: "To ensure greater availability of consumer and homemaking education programs to both males and females, the regulations must address the problem of scheduling. To implement the intent of the law there must be much greater flexibility in the scheduling of classes. Most secondary schools schedule consumer and homemaking courses during the same periods as courses which traditionally have catered to boys. Both sexes are thereby prevented from participating in the other course or both courses. The regulations should require scheduling which provides authentic options for students."

Responses. It would be inappropriate for the Commissioner's regulation to require a particular scheduling of classes within a school or school system. In fact, section 432 of the General Education Provisions Act prohibits the Commissioner from exercising "any direction, supervision, or control over the administration of any educational institution, school or school system A scheduling of classes, however, which prevents persons of one sex from participating in courses which have additionally catered to persons of the other sex, would be a violation of Title IX. No change is made in the regulation.

§ 104.904 Curriculum materials which address sex stereotyping.

Comment. A commenter recommended: "Regulations should state that no programs will be funded under this section unless they show evidence of using or developing curriculum materials that will address sex stereotyping and sex bias in the area they are addressing, e.g., programs for handicapped persons."

Response. Section 432 of the General Education Provisions Act, described in the previous response, also prohibits the Commissioner from exercising any direction, supervision or control over the "textbooks or other printed or published instructional materials by any educational institution."

While the Act and regulation require the elimination of sex bias and sex stereotyping in curriculum materials, it would be inappropriate, and possibly illegal under section 432 of GEPA, for the Commissioner to require all schools to use textbooks or other material which specifically address sex stereotyping. On the other hand, schools must use textbooks and other material which are free from sex bias and sex stereotyping. No change is made in the regulation.

§ 104.904(d) Definition of "outreach."

Comment. A commenter recommended that "outreach programs" be defined.

Response. Section 150(b)(1)(D) of the Act and § 104.904(d) of the regulation encourage consumer and homemaking outreach programs for

aged, young children, school-age parents, single parents, handicapped persons," and many others. It seems evident that consumer and home-making education programs are encouraged to "reach out" for those not normally in formal school settings. Any further definition might be limiting to the broad scope obviously intended. No change is made in the regulation.

§ 104.905 Consumer and homemakingguidance and counseling.

Comment. A commenter recommended that, since the Act makes many references to guidance and counseling activities, these activities are a permissible use of funds, that is, a permissible ancillary service, in consumer and homemaking education and recommends that "guidance and counseling" be added under § 104.905.

Response. The recommendation is accepted. Guidance and counseling is recognized as an ancillary service. Funds under section 150(b)(1) of the Act for the purpose § 104.903(c)(4) may be used for guidance and counseling of students. Therefore, a new paragraph (k) has been added at the end of § 104.905 to read:

"(k) guidance and counseling."

§ 104.906 Federal share.

Comment. A commenter recommended that paragraphs (a) and (b) of §104.906 should be reversed so that the major rule as to matching (50-50) which may apply to two-thirds of the funds is stated first, and the secondary rule (90-10 matching) which applies to (at least) one third follows.

Response. The recommendation has been accepted. The two paragraphs are reversed and rewritten accordingly.

PART 105-COMMISSIONER'S DISCRETIONARY PROGRAMS OF VOCATIONAL EDUCATION

SUBPART I-PROGRAM IMPROVEMENT

§ 105.5 Applicability of technical review criteria.

Comment. Several commenters recommended that it should be made clear that the technical review criteria in Part 105 apply to the review of applications for grants and assistance contracts and not for procurement contracts.

Response. The recommendation is accepted. The proposed technical review criteria in the Commissioner's discretionary programs were not intended to apply to the review of proposals for procurement contracts because procurement contracts are covered by the Federal Procurement Regulations in Title 41, Code of Federal Regulations. Projects for Program Improvement under section 171 of the Act and for the Bilingual Vocational Instructional Materials, Methods, and Techniques Program under section 188 will be supported primarily through procurement contracts. A new § 105.5 is added to reference the Federal Procurement Regulations. Each Request for Proposal (RFP) will specify the criteria which will be used to select the contractor. These criteria will, of course, be consistent with the Act and the regulation. RFP's are announced in the Commerce Business Daily, not the FEDERAL REGISTER.

§ 105.101 Elimination of sex bias.

Comment. Several commenters expressed concern that there was not sufficient emphasis on elimination of sex bias and sex stereotyping in §§ 105.101-111. Two commenters suggested giving more points to projects dealing with this concern.

Response. The comments are accepted. In light of the fact that one of the major purposes of the Act is the elimination of sex bias, the weight given to this criterion in § 105.110 (k) has been increased to eight points. In addition, the concerns of sex bias and sex stereotyping will be dealt with through the setting of priorities.

§ 105.101 Emphasis on contracts.

Comment. Two commenters expressed concern that the legislative intent of em