vocational education, community services, and academic facilities as they may affect community colleges. In carrying out its responsibilities under this subsection, each State Commission shall establish an advisory council on community colleges which shall (A) be composed of— (i) a substantial number of persons in the State (including representatives of State and local agencies) having responsibility for the operation of community colleges; (ii) representatives of State agencies having responsibility for or an interest in postsecondary education; and (iii) the general public; (B) have responsibility for assisting and making recommendations to the State Commission in developing the statewide plan required under this section; (C) conduct such hearings as the State Commission may deem advisable; and (D) pursuant to requirements established by the State Commission, provide each State and local agency within the State responsible for postsecondary education an opportunity to review and make recommendations with respect to such plan. (b) (1) There is hereby authorized to be appropriated $15,700,000 during the period beginning July 1, 1972, and ending June 30, 1974, to carry out the provisions of this section. (2) Sums appropriated pursuant to paragraph (1) shall be allotted by the Commissioner equally among the States, except that the amount allotted to Guam, American Samoa, and the Virgin Islands shall not exceed $100,000 each. Such sums shall remain available until expended. (c) Each plan developed and adopted pursuant to subsection (a) shall be submitted to the Commissioner for his approval. The Commissioner shall not approve any plan unless he determines that it fulfills the requirements of this section. (20 U.S.C. 1135) Enacted June 23, 1972, P.L. 92-318, sec. 186 (a) (1), 86 Stat. 312, 313. Subpart 2-Establishment and Expansion of Community Colleges PROGRAM AUTHORIZATION SEC. 1011. (a) In order to encourage and assist those States and localities which so desire in establishing or expanding community colleges, or both, the Commissioner shall carry out a program as provided in this subpart for making grants to community colleges in order to improve educational opportunities available through community colleges in such States. (b) For the purpose of carrying out this subpart, there are authorized to be appropriated $50,000,000 for the fiscal year ending June 30, 1973, $75,000,000 for the fiscal year ending June 30, 1974, and $150,000,000 for the fiscal year ending June 30, 1975. (20 U.S.C. 1135a) Enacted June 23, 1972, P.L. 92-318, sec. 186 (a) (1), 86 Stat. 313. APPORTIONMENTS SEC. 1012. (a) From the sums appropriated pursuant to section 1011(b) for each fiscal year the Commissioner shall apportion not more than 5 per centum thereof among Puerto Rico, Guam, American Samoa and the Virgin Islands according to their respective needs. From the remainder of such sums the Commissioner shall apportion to each State an amount which bears the same ratio to such remainder as the population aged eighteen and over in such State bears to the total of such population in all States. For the purpose of the second sentence of this subsection, the term "State" does not include Puerto Rico, Guam, American Samoa and the Virgin Islands. (b) The portion of any State's apportionment under subsection (a) for a fiscal year which the Commissioner determines will not be required, for the period such apportionment is available, for carrying out the purposes of this subpart shall be available for reapportionment from time to time, on such dates during such period as the Commissioner shall fix, to other States in proportion to the original apportionments to such States under subsection (a) for such year but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum which the Commissioner estimates such State needs and will be able to use for such period for carrying out such portion of its State plan referred to in section 1001 (a) (2) approved under this subpart, and the total of such reductions shall be similarly reapportioned among the States whose proportionate amounts are not so reduced. Any amount reapportioned to a State under this subsection during a year shall be deemed part of its apportionment under subsection (a) for such year. (20 U.S.C. 1135a-1) Enacted June 23, 1972, P.L. 92-318, sec. 186(a)(1), 86 Stat. 313, 314. ESTABLISHMENT GRANTS SEC. 1013. (a) The Commissioner is authorized to make grants to new community colleges to assist them in planning, developing, establishing, and conducting initial operations of new community colleges in areas of the States in which there are no existing community colleges or in which existing community colleges cannot adequately provide postsecondary educational opportunities for all of the residents thereof who desire and can benefit from postsecondary education. (b) For the purposes of subsection (a), the term "new community college" means a board of trustees or other governing board (or its equivalent) which is established by, or pursuant to, the law of a State, or local government, for the purpose of establishing a community college, as defined in section 1018, or any existing board so established which has the authority to create, and is in the process of establishing, a new community college. (20 U.S.C. 1135a-2) Enacted June 23, 1972, P.L. 92–318, sec. 186 (a) (1), 86 Stat. 314. EXPANSION GRANTS SEC. 1014. The Commissioner is authorized to make grants to existing community colleges to assist them (1) in expanding their enrollment capacities, (2) in establishing new campuses, and (3) in altering or modifying their educational programs, in order that they may (A) more adequately meet the needs, interests, and potential benefits of the communities they serve, or (B) provide educational programs especially suited to the needs of educationally disadvantaged persons residing in such communities (20 U.S.C. 1135a-3) Enacted June 23, 1972, P.L. 92-318, sec. 186 (a) (1), 86 Stat. 314. LEASE OF FACILITIES SEC. 1015. (a) The Commissioner is authorized to make grants to community colleges to enable them to lease facilities, for a period of not to exceed five years, in connection with activities carried out by them under section 1013 or section 1014. (b) The Federal share of carrying out a project through a grant under this section shall not exceed (1) 70 per centum of the cost of such project for the first year of assistance under this section; (2) 50 per centum thereof for the second such year; (3) 30 per centum thereof for the third such year; and (4) 10 per centum thereof for the fourth such year. (20 U.S.C. 1135a-4) Enacted June 23, 1972, P.L. 92-318, sec. 186(a)(1), 86 Stat. 314, 315. APPLICATIONS; FEDERAL SHARE SEC. 1016. (a) (1) Grants under sections 1013 and 1014 may be made only upon application to the Commissioner. Applications for assistance under such sections shall be submitted at such time, in such manner and form, and containing such information as the Commissioner shall require by regulation. (2) No application submitted pursuant to paragraph (1) shall be approved unless the Commissioner determines that it is consistent with the plan approved by him under section 1001 from the State in which the applicant is located. (b) (1) No application for assistance under section 1013 or 1014 shall be approved for a period of assistance in excess of four years. (2) The Federal share of the cost of carrying out the project for which assistance is sought in an application submitted pursuant to this section shall not exceed- (A) 40 per centum of such cost for the first year of assistance; (c) (1) Funds appropriated pursuant to section 1011 and granted under section 1013 or 1014 shall, subject to paragraph (2), be available for those activities the Commissioner determines to be necessary to carry out the purposes of such sections. (2) Such funds may be used (A) to remodel or renovate existing facilities, or (B) to equip new and existing facilities, but such funds may not be used for the construction of new facilities or the acquisition of existing facilities. (20 U.S.C. 1135a-5) Enacted June 23, 1972, P.L. 92-318, sec. 186 (a) (1), 86 Stat. 315. PAYMENTS SEC. 1017. From the amount apportioned to each State pursuant to section 1012, the Commissioner shall pay to each applicant from that State which has had an application for assistance approved under this subpart the Federal share of the amount expended under such application. (20 U.S.C. 1135a-6) Enacted June 23, 1972, P.L. 92-318, sec. 186 (a) (1), 86 Stat. 315. DEFINITIONS SEC. 1018. As used in this title, the term "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; (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 on the same basis as if transferred from an institution so accredited. (20 U.S.C. 1135a-7) Enacted June 23, 1972, P.L. 92-318, sec. 186 (a) (1), 86 Stat. 315, 316. PART B-OCCUPATIONAL EDUCATION PROGRAMS AUTHORIZATION OF APPROPRIATIONS SEC. 1051. For the purposes of carrying out this part, there are hereby authorized to be appropriated $100,000,000 for the fiscal year ending June 30, 1973, $250,000,000 for the fiscal year ending June 30, 1974, and $500,000,000 for the fiscal year ending June 30, 1975. Eighty per centum of the funds appropriated for the first year for which funds are appropriated under this section shall be available for the purposes of establishing administrative arrangements under section 1055, making planning grants under section 1056, and for initiating programs under section 1057 in those States which have complied with the planning requirements of section 1056; and 20 per centum shall be available only for technical assistance under section 1059 (a). From the amount appropriated for each succeeding fiscal year 15 per centum shall be reserved to the Commissioner for grants and contracts pursuant to section 1059 (b). (20 U.S.C. 1135b) Enacted June 23, 1972, P.L. 92-318, sec. 186 (a) (1), 86 Stat. 316. ALLOTMENTS AND REALLOTMENTS AMONG STATES SEC. 1052. (a) From the sums appropriated under section 1051 for the first year for which funds are appropriated under that section (other than funds available only for technical assistance), the Commissioner shall first allot such sums as they may require (but not to exceed $50,000 each) to American Samoa and the Trust Territory of the Pacific Islands. From the remainder of such sums he shall allot to each State an amount which bears the same ratio to such remainder as the number of persons sixteen years of age or older in such State bears to the number of such persons in all the States, except that the amount allotted to each State shall not be less than $100,000. (b) From the sums appropriated for any succeeding fiscal year under such section (other than funds reserved to the Commissioner), the Commissioner shall first allot such sums as they may require (but not to exceed $500,000 each) to American Samoa and the Trust Territory of the Pacific Islands. From the remainder of such sums he shall allot to each State an amount which bears the same ratio to such remainder as the number of persons sixteen years of age or older in such State bears to the number of such persons in all the States, except that the amount allotted to each State shall not be less than $500,000. (c) The portion of any State's allotment under subsection (a) or (b) for a fiscal year which the Commissioner determines will not be required, for the period such allotment is available, for carrying out the purposes of this part shall be available for reallotment from time to time on such date or dates during such periods as the Commissioner may fix, to other States in proportion to the original allotments to such States under subsection (a) or (b) for such year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum which the Commissioner estimates such States need and will be able to use for such period, and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts are not so reduced. Any amount reallotted to a State under this subsection during a year shall be deemed part of its allotment under subsection (a) or (b) for such year. (20 U.S.C. 1135b-1) Enacted June 23, 1972, P.L. 92-318, sec. 186(a) (1), 86 Stat. 316, 317. FEDERAL ADMINISTRATION SEC. 1053. The Secretary shall develop and carry out a program designed to promote and encourage occupational education, which program shall— (1) provide for the administration by the Commissioner of Education of grants to the States authorized by this part; (2) assure that manpower needs in subprofessional occupations in education, health, rehabilitation, and community and welfare services are adequately considered in the development of programs under this part; (3) promote and encourage the coordination of programs developed under this part with those supported under part A of this title, the Vocational Education Act of 1963, the Manpower Development and Training Act of 1962, title I of the Economic Opportunity Act of 1964, the Public Health Service Act, and related activities administered by various departments and agencies of the Federal Government; and (4) provide for the continuous assessment of needs in occupational education and for the continuous evaluation of programs supported under the authority of this part and of related provisions of law. (20 U.S.C. 1135b-2) Enacted June 23, 1972, P.L. 92-318, sec. 186 (a) (1), 86 Stat. 317. GENERAL RESPONSIBILITIES OF COMMISSIONER OF EDUCATION SEC. 1054. The Commissioner shall, in addition to the specific responsibilities imposed by this part, develop and carry out a program of occupational education that will- (1) coordinate all programs administered by the Commissioner which specifically relate to the provisions of this part so as to provide the maximum practicable support for the objectives of this part; (2) promote and encourage occupational preparation, counseling and guidance, and job placement or placement in postsecondary occupational education programs as a responsibility of elementary and secondary schools: (3) utilize reasearch and demonstration programs administered by him to assist in the development of new and improved instructional methods and technology for occupational education and in the design and testing of models of schools or school systems which place occupational education on an equal footing with academic education; (4) assure that the Education Professions Development Act and similar programs of general application will be so administered as to provide a degree of support for vocational, technical, and occupational education commensurate with national needs and more nearly representative of the relative size of the population to be served; and (5) develop and disseminate accurate information on the status of occupational education in all parts of the Nation, at all levels of education, and in all types of institutions, together with information on occupational opportunities available to persons of all ages. (20 U.S.C. 1135b-3) Enacted June 23, 1972, P.L. 92-318, sec. 186 (a)(1), 86 Stat. 317. STATE ADMINISTRATION SEC. 1055. (a) Any State desiring to participate in the program authorized by this part shall in accordance with State law establish a State agency or designate an existing State agency which will have sole responsibility for fiscal management and administration of the program, in accordance with the plan approved under this part, and which adopts administrative arrangements which will provide assurances satisfactory to the Commissioner that (1) the State Advisory Council on Vocational Education will be charged with the same responsibilities with respect to the program authorized by this part as it has with respect to programs authorized under the Vocational Education Act of 1963; (2) there is adequate provision for individual institutions or groups of institutions and for local educational agencies to appeal and obtain a hearing from the State administrative agency with respect to policies, procedures, programs, or allocation of resources under this part with which such institution or institutions or such agencies disagree. (b) The Commissioner shall approve any administrative arrangements which meet the requirements of subsection (a), and shall not finally disapprove any such arrangements without affording the State administrative agency a reasonable opportunity for a hearing. Upon the final disapproval of any arrangement, the provisions for judicial review set forth in section 1058(b) shall be applicable. (20 U.S.C. 1135b-4) Enacted June 23, 1972, P.L. 92–318, sec. 186(a)(1), 86 Stat. 318. PLANNING GRANTS FOR STATE OCCUPATIONAL EDUCATION PROGRAMS SEC. 1056. (a) Upon the application of a State Commission (established or designated pursuant to section 1202), the Commissioner shall make available to the State the amount of its allotment under section 1052 for the following purposes (1) to strengthen the State Advisory Council on Vocational Education in order that it may effectively carry out the additional functions imposed by this part; and (2) to enable the State Commission to initiate and conduct a comprehensive program of planning for the establishment of the program authorized by this part. (b) (1) Planning activities initiated under clause (2) of subsection (a) shall include (A) an assessment of the existing capabilities and facilities for the provision of postsecondary occupational education, together with existing needs and projected needs for such education in all part of the State; (B) thorough consideration of the most effective means of utilizing all existing institutions within the State capable of providing the kinds of programs assisted under this part, including (but not limited to) both private and public community and junior colleges, area vocational schools, accredited private proprietary institutions, technical institutes, manpower skill centers, branch institutions of State colleges or universities and public and private colleges and universities; |