Under section 202(a) of Title II, each State is entitled to an allotment out of the funds appropriated for each fiscal year. Each State will be notified of the amount of its allotment for a year as soon as possible after the appropriation is made by Congress.

§ 103.6 Reallotment.

(a) Pursuant to section 202(b) of Title II, amounts of allotments which are certified, on or before the dates fixed by the Commissioner, as not required for carrying out the States' plans will be realloted to the other States.

(b) Reallotments will be made in proportion to the original allotments to the States for the fiscal year under section 202(a) of Title II, except that, subject to the provisions of paragraph (c) of this section, (1) not reallotment will be made to any State which has certified that it will not require the full amount of its allotment for such year, and (2) the total amounts reallotted to a State will not exceed the amount which it has certified will be needed for such year.

(c) Any State which (1) has certified that it will not require the full amount of its allotment, or (2) has certified as to the amount in excess of its original allotment which will be required to carry out the State plan for a fiscal year, may nevertheless amend such certification by filing the appropriate form with the Commissioner on or before a date fixed pursuant to paragraph (a) of this section. The amended certification will then be used in computing all reallotments for that fiscal year made subsequent to such date.

(a) Reporting and accounting in the administration of the act on the Federal, State, and local levels shall be based upon the Federal Government's fiscal year, which begins on the first day of July and ends on the 30th day of June.

(b) An expenditure under a State plan will be charged to that Federal fiscal year in which the obligation was incurred. Expenditure reports are to be prepared on this basis. For the purposes of this section, "obligation" shall mean only bona fide encumbrances which are supported by contracts or other

evidence of liability consistent with State purchasing procedure.

§ 103.8 Annual report.

In addition to information supplied in connection with periodic requests for grants, each State shall make an annual report on the operation of its program, as outlined by instructions which will be supplied to the State board. If from time to time there is a need for information from the State which is not secured from the regular annual reports, special reports will be requested.

§ 103.9 Extension and improvement of practical nurse training.

(a) Under Title II, Federal financial participation is available only in expenditures made under the State plan for the "extension and improvement" of practical nurse training. Such phrase includes expenditures for purposes such as the following:

(1) To encourage the establishment of programs for training practical nurses in communities not served;

(2) To stimulate the expansion of the program of training practical nurses in communities that have not been able to train the number of practical nurses needed;

(3) To develop programs of training for other approvable health occupations;

(4) To improve the program through such means as: (i) More effective use of advisory committees, (ii) better selection of trainees, (iii) increased retention of those who enroll, (iv) better placement of those completing training, (v) improvement of curriculum and teaching aides, (vi) improvement of administration, supervision, coordination and teaching;

(5) To secure necessary educational information and data as a basis for the proposed development and improvement of the practical nurse training program, through such means as:

(i) Gathering data and other factual information which will be of assistance in planning and operating the program,

(ii) Conducting studies and surveys dealing with the needs for practical nurse training, the methods and materials to be used and the results obtained from instruction,

(iii) The appraisal and preparation of instructional materials,

(iv) The evaluation of facilities. (b) In order to use Federal funds for research, the State plan shall set forth

the qualifications of the persons who are to conduct the research. The items for which reimbursement may be made are the same as those for State supervision.

(c) Section 207 of Title II provides that nothing in such title shall in any way affect the availability for practical nurse training of amounts paid the States under the Act of February 23, 1917 (39 Stat. 929) as amended and extended, or Title I of the Vocational Education Act of 1946, as amended and extended. Accordingly grants for carrying on practical nurse training activities which do not constitute an extension or improvement for the purposes of Title II are available under other vocational education programs to the same extent as though Title II had not been enacted. Activities which do constitute an extension and improvement of practical nurse training may also be claimed under other vocational education programs to the extent that their cost is not claimed under Title II.

§ 103.10 Other health occupations.

"Other health occupations" for which training may be given are those requiring training similar in nature to that for practical nursing. Expenditures for training for "other health occupations" under a plan for extension and improvement of practical nurse training may be claimed as a cost of carrying out such plan only when all of the following conditions inherent in the training of practical nurses under the plan are met:

(a) The training required for the occupation:

(1) Is of less than college grade (see $103.3) and is given in schools or classes including field or laboratory work incident thereto),

(2) Combines theoretical instruction and learning through supervised practice,

(3) Develops basic understandings and necessary skills required in giving nursing care or other health services to the patient, and

(4) Is not so simple or brief as to be most easily provided by employers as a part of employee orientation.

(b) Employment opportunities in the occupation in hospitals or other health agencies warrant setting up a training program.

(c) The occupation is not recognized as an occupation in other than the health field. In applying this condition

The expenditures which are reimbursable include, to the extent that they are incurred for the purposes of title II:

(a) The salaries of persons who have professional responsibilities under the State plan and who meet qualifications described in the State plan for such positions; also, the salaries of clerical and service personnel working under the direction of the qualified professional personnel.

(b) Necessary expenditures for travel, provided they are in accordance with State rules and regulations governing travel and the provisions for travel set forth in the State plan.

(c) Current administrative expenditures such as communications, supplies, printing, and (when suitable space is not available in publicly owned buildings) rental of space, light, heat, and janitor service. Charges for rental of space, light, heat, and janitor services shall be restricted to payments for such items in buildings which are not publicly owned. For the purpose of this paragraph, capital expenditures for items of equipment costing more than $10 will not be considered current administrative expenditures.

(d) Employer's contributions to retirement, workmen's compensation, and other welfare funds maintained for one or more general classes of employees of the State agency.

(e) Equipment and supplies for instruction. For the purposes of this paragraph equipment for instruction shall mean equipment used directly in the instructional process rather than equipment, such as desks and chairs, which is merely accessory and subordinate to the instructional process.

[23 FR. 3100, May 9, 1958, as amended at 28 F.R. 6187, June 15, 1963]

§ 103.12 Effect of State rules.

Subject to the provisions and limitations of Title II and this part, Federal financial participation will be available only in expenditures made under the State plan in accordance with applicable State laws, rules, regulations, and standards governing expenditures by State and local agencies

§ 103.13 Public nature of funds.

The expenditures to be considered in computing Federal participation must be made from public funds.

(a) In addition to appropriated funds, such funds may include funds derived from donations by private organizations or individuals which are deposited in accordance with State or local law to the account of the State board or local educational agency without such conditions or restrictions on their use as would negate their public character.

(b) Tuition and fees may be collected from students enrolled in a course, at rates comparable to those charged by public educational authorities for similar courses to cover any portions of the cost of the course which are not claimed under the State plan. However, tuition

and fees collected from students may not be used as State or local funds for the purpose of matching the Federal funds. § 103.14

Pro-rating.

In determining the amount of the Federal grant only the costs of carrying out the approved State plan can be considered. Where an expenditure is made for the benefit of this program and any other programs, whether vocational or not, the amount to be charged as a cost of carrying out the State plan under this title, shall not exceed the amount arrived at under a reasonable apportionment. § 103.15 Effect of payments.

(a) Neither the approval of the State plan nor any payment to the State pursuant thereto shall be deemed to waive the right or duty of the Commissioner to withhold funds by reason of the failure of the State to observe, before or after such administrative action, any Federal requirements.

(b) The final amount to be paid for any period is determined on the basis of expenditures under the State plan with respect to which Federal financial participation is authorized. The State assumes responsibility for accounting for all payments made out of its allotment by making expenditures for authorized plan purposes.

Allotment availability.

Application of State rules.

State fiscal and accounting procedures.

104.33 Determination of fiscal year's allotment to which expenditure is

chargeable.

104.34 Payment of funds to local educa

tional agency.

104.35 104.36 104.37

Proration of costs.

Fiscal audit and retention of records. Disposition of facilities and equip

ment.

Health occupations defined.

State plan provisions for vocational education in health occupations. Allowable uses of funds.

TECHNICAL EDUCATION UNDER TITLE III

104.81

Technical education-programs under title III.

104.82 Occupations necessary for national defense.

104.83 State plan requirements. 104.84 Special condition on payment of Federal funds.

AUTHORITY: The provisions of this Part 104 issued under 39 Stat. 929 as amended, 46 Stat. 1489 as amended. 49 Stat. 1488 as amended. 64 Stat. 27 as amended. 70 Stat. 909 as amended, 76 Stat. 586 as amended, 77 Stat. 403; 20 U.S.C. 11-15, 16-28, 30-34, 3535n, 151-15q, 15aa-15jj, 15aaa-15ggg. 48 U.S.C. 1667.

SOURCE: The provisions of this Part 104 appear at 29 F.R. 12339, Aug. 28, 1964, unless otherwise noted.

§ 104.1

Subpart A-Definitions
Definitions.

As used in this part:

(a) "Acts". "vocational education acts", or "Federal acts" means the Smith-Hughes Act, the three titles of the George-Barden Act, the supplementary acts, and the Vocational Education Act of 1963.

(1) "Smith-Hughes Act" means the Act of February 23, 1917 (Public Law 347, 64th Congress, 39 Stat. 929, 20 U.S.C. 11-15, 16-28).

(2) "George-Barden Act" means the Vocational Education Act of 1946 with all amendments and additions, including the original Vocational Education Act of 1946 in "Title I-Vocational Education in Agriculture, Home Economics, Trades and Industry, and Distributive Occupa

tions" (Act of June 8, 1936, Public Law 673, 74th Congress, 49 Stat. 1488 as amended by Act of August 1, 1946, Public Law 586, 79th Congress, 60 Stat. 775, and Act of August 8, 1956, Public Law 1027, 84th Congress, 70 Stat. 1126, 20 U.S.C. 151-15q); "Title II-Vocational Education in Practical Nursing" (Title III, Act of August 2, 1956, Public Law 911, 84th Congress, 70 Stat. 925, as amended in Act of April 24, 1961, Public Law 87-22, 75 Stat. 44, 20 U.S.C. 15aa15ii); and "Title III-Area Vocational Education Programs" (Title VIII, National Defense Education Act of 1958, Public Law 85-864, 72 Stat. 1597, 20 U.S.C. 15aaa-15ggg).

(3) "Supplementary acts" means section 1 of the Act of March 3, 1931, relating to vocational education in Puerto Rico (Public Law 791, 71st Congress, 46 Stat. 1489, 20 U.S.C. 30); the Act of March 18, 1950, relating to vocational education in the Virgin Islands (Public Law 462, 81st Congress, 64 Stat. 27, 20 U.S.C. 31-33); section 9 of the Act of August 1, 1956, relating to vocational education in Guam (Public Law 896, 84th Congress, 70 Stat. 909, 20 U.S.C. 34); and section 2 of the Act of September 25, 1962, relating to vocational education in American Samoa (Public Law 87-688, 76 Stat. 586, 48 U.S.C. 1667).

(4) "1963 Act" means the Vocational Education Act of 1963 (Part A of Public Law 88-210, 77 Stat. 403, 20 U.S.C. 35-35n).

(b) "Area vocational education school" means any public school or public institution the facilities or which can be constructed with Federal funds under the provisions of section 4(a) (5) of the 1963 Act.

(1) These may include only:

(i) A specialized high school used exclusively or principally for the provision of vocational education to persons who are available for full-time study in preparation for entering the labor market;

(ii) 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 full-time study in preparation for entering the labor market;

(iii) 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 full

time study in preparation for entering the labor market; and

(iv) The department or division of a junior college or community college or university which, under the supervision of the State board, provides vocational education in no less than five different occupational fields leading to immediate employment but not leading to a baccalaureate degree.

(2) An "area vocational education school" shall be available to all residents of the State or an area of the State designated and approved by the State board. In the case of a technical or vocational school described in subparagraph (1)(iii) of this paragraph or a department or division of a junior college or community college or university described in subparagraph (1)(iv) of this paragraph, such school must admit as regular students both persons who have completed high school and persons who have left high school.

(c) "Business and office occupations" means those occupations pursued by individuals in public or private enterprises or organizations which are related to the facilitating function of the office and includes such activities as recording and retrieval of data, supervision and coordination of office activities, internal and external communication, and reporting of information.

(d) "Commissioner" means the Commissioner of Education, U.S. Department of Health, Education, and Welfare.

(e) "Construction project" means a specific proposal for construction of an area vocational school facility which will be accomplished at a single site as provided in § 104.44.

(f) "Employment" means lawful work in a recognized occupation.

(g) "Equipment" means a fixed or movable article or set of articles which meet all the following conditions: (1) The article retains its original shape and general appearance with reasonable care and use over a period of at least one year; (2) it is nonexpendable; that is. if the article is damaged or some of its parts are lost or worn out, it is usually more feasible to repair it than to replace it with an entirely new unit; and (3) it does not lose its identity through incorporation into a different or more complex unit or substance. See for example § 104.1 (n) (2) and § 104.48.

(h) "Funds", unless otherwise specified, means any public funds available for expenditure under the State plan.