State Postsecondary Education Commissions

[NOTICE. This draft document has not been approved at any level of the Office of Education, or Department of Health, Education, and Welfare, and does not necessarily represent the policy of that agency. It is only an interim draft, and may not be relied upon as in any way authoritative by any person, institution, or agency seeking guidance for proceeding under Section 1202 of the Higher Education Act of 1965, as amended.]

the law does not require the establishment of any specific committees/task forces for the purpose, if a State desires to receive program grant assistance under Title X, Part B (Occupational Education Programs), planning activities carried on by the Section 1202 State Commission for occupational education under Section 1056 (b) must "involve the active participation of" various relevant agencies and groups which are specified in the law.

Section 1202 (c) provides that, at the option of the State, effective any time after July 1, 1973. a State may designate the State Commission established under Section 1202 as the State agency or institution required under Title I, Section 105 (Community Service and Continuing Education), Title VI, Section 603 (Equipment for Undergraduate Instruction), or Title VII, Section 704 (Grants for Construction of Undergraduate Academic Facilities) of the Higher Education Act of 1965, as amended. However, Section 1202 (d) provides that any State which desires to receive assistance under Title VI (Equipment for Undergraduate Instruction) or under Title VII (Grants for Construction of Undergraduate Academic Facilities) but does not desire to place the functions of State Commissions for said titles under the Section 1202 State Commission, "shall establish for the purpose of such titles a State Commission which is broadly representative of the public and of institutions of higher education (including junior colleges and technical institutes) in the State."

Section 1203 authorizes to be appropriated “such sums as may be necessary for the U.S. Commissioner of Education (a) to make grants, and (b) to make technical assistance available, to any Section 1202 State Commission which desires "to expand the scope of the studies and planning required in Title X through comprehensive inventories of, and studies with respect to, all public and private postsecondary educational resources in the State, including planning necessary for such resources to be better coordinated, improved, expanded, or altered so that all persons within the State who desire, and who can benefit from, postsecondary education may have an opportunity to do so."

Section 1001(a) provides that the Section 1202 State Commission in a State which desires to receive program grant assistance under Title X, Part A (Establishment and Expansion of Community Colleges) shall make application to the U.S. Commissioner for a State allotment of funds to "develop a Statewide plan for the expansion or improvement of postsecondary education programs in community colleges or both." It is in connection with this planning responsibility, as noted above, that the State Commission is required to establish an advisory council on community colleges. However, the statutory responsibility for development of the Statewide plan for community college education rests with the Section 1202 State Commission itself, rather than the advisory council.

Section 1056 (a) provides that the Section 1202 State Commission in a State which desires to receive program grant assistance under Title X, Part B (Occupational Education Programs) shall make application to the U.S. Commissioner for a State allotment of funds provided under Section 1052 "to strengthen the State Advisory Council on Vocational Education in order that it may effectively carry out the additional functions imposed by" Title X-B, and "to enable the State Commission to initiate and conduct a comprehensive program of planning for the establishment of the program authorized" in Title X-B. It is in connection with this planning responsibility, as noted above, that the State Commission is required to "involve the active participation of" various relevant agencies and groups which are specified in the law. However, the statutory responsibility for conducting the comprehensive program of planning for occupational education rests with the Section 1202 State Commission itself, rather than the participating agencies and groups.

Finally, it should be noted that Section 404 (b) of the General Education Provisions Act, as amended by the Education Amendments of 1972, provides that no grant or contract providing support of a project or program for improvement of postsecondary education under Section 404 (a) may be awarded to or entered into with any institution of postsecondary education unless it has been submitted to each appropriate State Commission established under Section 1202 of the Higher Education Act of 1965, and an opportunity afforded such Commission to submit its comments and recommendations to the Secretary of Health, Education, and Welfare.

TITLE 45-PUBLIC WELFARE

CHAPTER 1-OFFICE OF EDUCATION, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

PART 106-STATE POSTSECONDARY EDUCATION COMMISSIONS

The following new Part 106 is added to Title 45, Code of Federal Regulations:

Section 106.21

Comprehensive Statewide Planning under Section 1203 of the Act. 106.22 Title X-A of the Act-Establishment and Expansion of Community Colleges. 106.23 Title X-B of the Act-Occupational Education Programs.

106.24 106.25

106.26

106.27

106.28

106.29

Section

Title I of the Act-Community Service and Continuing Education Program.
Title VI-A of the Act-Instructional Equipment Grant Program.

Title VII-A of the Act-Academic Facilities Construction Grant Program.
Section 404 of the General Education Provisions Act.

Statewide Postsecondary Education Planning and Coordination of Planning.
Committees and Task Forces.

SUBPART D-COMPREHENSIVE STATEWIDE PLANNING

(a) Purpose. The purpose of the regulations in this part is to implement the provisions of Section 1202 of the Higher Education Act, as amended, which authorizes the establishment of "broadly and equitably representative" State Commissions to conduct the comprehensive Statewide planning for postsecondary education authorized under Title XII, Section 1203; to conduct the comprehensive planning for community college education and occupational education which is required for a State to receive program grant assistance under Title X, Parts A and B; to serve, at the option of the State, as the State agency required under Title I, Section 105 (Community Service and Continuing Education), Title VI, Section 603 (Equipment for Undergraduate Instruction) and/or Title VII, Section 704 (Grants for the Construction of Undergraduate Academic Facilities); and to comment upon funding applications from postsecondary educational institutions under Section 404 of the General Education Provisions Act, to support projects or programs for improvement of postsecondary education.

(b) Scope. The scope of the regulations in this Part covers the requirements for establishment of these Commissions, including composition and membership, and the functions and responsibilities which may be assigned to them under various Federal programs.

§ 106.2 Applicability of civil rights regulations.

Federal financial assistance is subject to the regulations in Part 80 of this Title issued by the Secretary of Health, Education, and Welfare and approved by the President, to effectuate the provisions of Title VI of the Civil Rights Act of 1964 (Public Law 88-352). (42 U.S.C. 2000d)

94-977 0-73- -12

Federal financial assistance is also subject to the provisions of Title IX of the Education Amendments of 1972 (prohibition of sex discrimination), and any regulations issued thereunder. (Public Law 92-318, Title IX)

§ 106.3 Definitions.

(a) "Act" means the Higher Education Act of 1965, Public Law 89-329, as amended. (20 U.S.C. 1001)

(b) "Area vocational school" means

(1) a specialized high school used exclusively or principally for the provision of vocational education to persons who are available for study in preparation for entering the labor market; or

(2) the department of a high school exclusively or principally used for providing vocational education in no less than five different occupational fields to persons who are available for study in preparation for entering the labor market; or

(3) a technical or vocational school used exclusively or principally for the provision of vocational education to persons who have completed or left high school and who are available for study in preparation for entering the labor market; or

(4) the department or division of a junior college or community college or university which provides vocational education in no less than five different occupational fields (under the supervision of the State Board for Vocational Education designated under the Vocational Education Act of 1963, as amended), leading to immediate employment but not necessarily leading to a baccalaureate degree, if it is available to all residents of the State or an area of the State designated and approved by the State Board for Vocational Education, and if, in the case of a school, department or division described in (3) or (4) above, it admits as regular students both persons who have completed high school and persons who have left high school. (c) "Commissioner" means the U.S. Commissioner of Education.

(d) "Community College" means any junior college, postsecondary vocational school, technical institute, or any other educational institution (which may include a four-year institution of higher education or a branch thereof) in any State which:

(1) is legally authorized within such State to provide a program of education beyond secondary education;

(2) admits as regular students persons who are high school graduates or the equivalent, or at least 18 years of age;

(3) provides a two-year postsecondary educational program leading to an associate degree, or acceptable for credit toward a bachelor's degree, and also provides programs of postsecondary vocational, technical, occupational, and specialized education;

(4) is a public or other nonprofit institution; and

(5) is accredited as an institution by a nationally recognized accrediting agency or association, or if not so accredited

(A) is an institution that has obtained recognized preaccreditation status from a nationally recognized accrediting body, or

(B) is an institution whose credits are accepted on transfer, by not less than three accredited institutions, for credit on the same basis as if transferred from an institution so accredited.

(e) "Comprehensive program of planning for occupational education" means the planning for occupational education carried out by the State Commission pursuant to Section 1056 of the Act.

(f) "Institution of higher education" means an educational institution in any State which

(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate;

(2) is legally authorized within such State to provide a program of education beyond secondary education;

(3) provides an educational program for which it awards a bachelor's degree or provides not less than a two-year program which is acceptable for full credit toward such a degree;

(4) is a public or other nonprofit institution; and

(5) is accredited by a nationally recognized accrediting agency or association or, if not so accredited

(A) is an institution with respect to which the Commissioner has determined that there is satisfactory assurance, considering the resources available to the institution, the period of time, if any, during which it has operated, the effort it is making to meet accreditation standards, and the purpose for which this determination is being made, that the institution will meet the accreditation standards of such an agency or association within a reasonable time, or

(B) is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited.

Such term also includes any school which provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation and which meets the provision of clauses (1), (2), (4), and (5).

(g) "Institution organized for profit" means an organization or institution the net earnings of which inure or may lawfully inure, to the benefit of any private shareholder or individual.

(h) "Junior college" means an institution of postsecondary education which is organized and administered to provide not more than a two-year program of study which is generally acceptable for full credit toward a bachelor's degree or for which an associate degree is awarded.

(i) "Nonprofit" as applied to a school, agency, organization or institution means a school, agency, organization or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(j) "Occupational education" means education, training, or retraining (including guidance, counseling, and placement services) which is designed to prepare or retrain individuals for gainful employment as semi-skilled or skilled workers or technicians or subprofessionals in recognized occupations (including new and emerging occupations), or to prepare individuals for enrollment in advanced technical education programs, but excluding any program to prepare individuals for employment in occupations which are generally considered professional or which require a baccalaureate or advanced degree. Professional occupations are listed in these Regulations, 45 CFR 102.4 (c) (2).

(k) "Postsecondary" as applied to education or educational institutions means education or educational institutions for persons 16 years of age or older who have graduated from or left elementary or secondary school.

(1) "Private." as applied to an educational institution, means that the institution is not under public supervision or control.

(m) "Proprietary," as applied to an educational institution, means that the institution is neither public nor nonprofit.

(n)" Public," as applied to an educational institution, means that the institution is under public supervision or control.

(o) "Specialized education" means programs formally approved and recognized by an institution of postsecondary education to do effectively all of the following: (1) provide all students appropriate guidance, counseling, and placement; (2) improve and enrich the community served by the college: (3) serve the handicapped and economically handicapped and economically disadvantaged; and (4) remedy past educational disadvantage and to develop student potential for regular study in the organized associate degree, transfer, or occupational programs offered by the community college (as defined in this subpart).

(p) "State" means the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, and, for purposes of Titles VII-A and X-B of the Act only, the Trust Territory of the Pacific Islands.

(q) "State agency" means the agency designated or created by State law as the sole State agency responsible for the administration of occupational education or for the supervision of the administration thereof by agencies in the State, and designated pursuant to Section 1055 (a) of the Act.

(r) "State Commission" means the State Postsecondary Education Commission established or designated pursuant to Section 1202 (a) of the Act.

(s) "Statewide plan" means the statewide plan for the expansion or improvement of postsecondary education programs in community colleges, or both, required under Section 1001 of the Act.

(t) "Technical assistance" means the services and support provided or made available by the Commissioner to State Commissions to assist them in activities conducted under Section 1203 and Title X-B of the Act.

(u) "Technical education" means organized programs designed to prepare persons for entry employment or retraining for employment as semi-professional, technical, middle management, or specialized support personnel.

(v) "Technical institute" means an institution of postsecondary education which offers technical education in one or more fields to prepare the student for employment at a level between skilled workers and professional workers in engineering, scientific, or other technological fields.

(w) "Vocational education" means vocational or technical training or retraining (including field or laboratory work and remedial or related academic and technical instruction incident thereto) conducted as part of a program designed to prepare individuals for gainful employment as semi-skilled or skilled workers or technicians or subprofessionals in recognized occupations and in new and emerging occupations or to prepare individuals for enrollment in advanced technical education programs, but excluding any program to prepare individuals for employment in occupations generally considered professional or which require a baccalaureate or higher degree. Professional occupations are listed in these Regulations, 45 CFR 102.4(c) (2).

(x) "Vocational school" means a school which is organized separately under a principal or director for the purpose of offering training in one or more skilled or semi-skilled trades or occupations. It is designed to meet the needs of high school students preparing for employment and to provide for upgrading or extension courses for those who are employed.

(y) The terms "establishment of," "to establish," "to be established," and "establishing" when used with respect to the State Commission mean either the creation of a new State Commission or the designation of an existing State agency or State Commission.

SUBPART B-ESTABLISHMENT, CERTIFICATION, AND MEMBERSHIP

§ 106.11 Establishment.

(a) Any State which desires to receive assistance under Section 1203 or Title X of the Act shall establish a State Commission which is broadly and equitably representative of the general public and public and private nonprofit and proprietary institutions of postsecondary education in the State including community colleges, junior colleges, postsecondary vocational schools, area vocational schools, technical institutes, four-year institutions of higher education and branches thereof. Such State Commission shall be established by the appropriate authority in the State empowered under State law to make such establishment. The State appointing authority shall provide a public announcement in the State of the legal authority and composition of the State Commission, including an invitation for comment addressed to the State appointing authority, the Commissioner and the Regional Commissioner. After an appropriate interval following such public announcement, the State appointing authority shall notify the Commissioner of the establishment of the State Commission in the following

manner:

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