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Chapter 1

BACKGROUND

Federal vocational education legislation since 1963 has emphasized a concern that the special services and programs needed by disadvantaged and handicapped students to achieve success in vocational education be provided by the States. Each revision of vocational education legislation has used stronger language to emphasize this priority.

The Vocational Education Act of 1963 merely recommended that students who have special needs related to disadvantaged or handicapping conditions be served by vocational education programs. The Vocational Education Amendments of 1968, however, required States to spend at least 25 percent of their basic State grant funds to pay for the services and programs for those disadvantaged or handicapped students who could not succeed in regular programs without special educational assistance.

Not only does Title II of the Education Amendments of 1976 require that 30 percent of the basic State grant funds be spent for the needed special services and programs (excess costs over those required in providing vocational education to regular students), but it also requires that the funds be matched with State and/or local funds. Congress expects this matching requirement to increase the amount of money available to serve the disadvantaged and handicapped students. The following are specific quotations from Title II of the Education Amendments of 1976 (Vocational Education):

DECLARATION OF PURPOSE; PART A, SECTION 101:

"(1) to extend, improve, and where necessary, maintain existing programs of vocational education,

"(2) to develop new programs of vocational education,...so that persons of all ages in all communities of the State, those in high school, those who have completed or discontinued their formal education and are preparing to enter the labor market, those who have already entered the labor market, but need to upgrade their skills or learn new ones, THOSE WITH SPECIAL EDUCATIONAL

HANDICAPS,* and those in postsecondary schools, will have ready access to vocational training or retraining which is of high quality, which is realistic in the light of actual or anticipated opportunities for gainful employment, and which is suited to their needs, interests, and ability to benefit from such training."

NATIONAL PRIORITY PROGRAMS, SECTION 110:

"(a) For each fiscal year, at least 10 per centum of each State's
allotment under section 103 from appropriations made under
section 102(a) shall be used to pay up to 50 per centum of the cost of
programs, services and activities under subpart 2 and of program
improvement and supportive services under subpart 3 for
handicapped persons.

"(b) (1) For each fiscal year, at least 20 per centum of each State's
allotment under section 103 from appropriations made under
section 102(a) shall be used to pay up to 50 per centum of the cost of
programs, services, and activities under subpart 2 and of program
improvement and supportive services under subpart 3 for
disadvantaged persons (other than handicapped persons), for
persons who have limited English-speaking ability, and for
providing stipends authorized under section 120 (b)(1)(G).
"(2) From the funds used by a State pursuant to paragraph (1), each
State shall use an amount equivalent to the same percentage of the
funds reserved pursuant to that paragraph as the population aged
fifteen to twenty-four, inclusive, for providing vocational
education for such persons with limited English-speaking ability,
except that such amount shall not exceed the full sum used
pursuant to paragraph (1).

"(d) Each State shall use, to the maximum extent possible, the
funds required to be used for the purposes specified in subsections
(a) and (b) to assist individuals described in those subsections to
participate in regular vocational education programs.

"(e) Pursuant to regulations established by the Commissioner, a State may exceed the 50 per centum Federal share specified in subsections (a) and (b) of the percentages set aside in subsections (a) and (b) by making larger payments with such funds to local educational agencies which are financially unable to raise sufficient funds to meet the matching requirements."**

NOTE: This is reinforced by the Education of the Handicapped Act *Emphasis added.

** This subsection was added by P.L. 94-46. Regulations for implementation will be in effect sometime in FY 1980.

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which requires that all handicapped persons up through the age of 21 or completion of high school be placed in the "least restrictive environment."

SUBPART 4-SPECIAL PROGRAMS FOR THE DISADVANTAGED, SECTION 140:

"(a) From the sums made available for grants under this subpart pursuant to sections 102 and 103, the Commissioner is authorized to make grants to States to assist them in conducting special programs for the disadvantaged (as defined in section 195(16)) in accordance with the requirements of this subpart.

"(b) (1) Grants to States under this subpart shall be used, in· accordance with five-year State plans and annual program plans approved pursuant to section 109, for allocation within the State to areas of high concentrations of youth unemployment and school dropouts, and shall be used to pay the full cost of vocational education for disadvantaged persons.

“(2) Such funds may be granted to eligible recipients only if (A) to the extent consistent with the number of students enrolled in nonprofit private schools in the area to be served whose educational needs are of the type which the program or project involved is to meet, provision has been made for the participation of such students, and (B) effective policies and procedures have been adopted which assure that Federal funds made available under this subpart to accommodate students in non-profit private schools will not be commingled with State or local funds."

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USE OF FEDERAL FUNDS, SECTION 110:

Supplementary and supportive services needed to help persons succeed in vocational education may be provided by Federal vocational education funds, by other cooperating educational agencies, or by other organizations. Separate specialized or modified vocational education programs for the disadvantaged or the handicapped shall be set up when the nature or severity of the handicap or modified vocational education programs for the disadvantaged or the handicapped shall be set up when the nature or severity of the handicap or disadvantage is such that the student cannot benefit from the regular vocational education program even with modifications to the program or with the provision of special supplementary aids and services (Federal Register, March 27, 1979),

(Appendix A). This can be determined by reviewing the Individual Educational Plan (IEP), (Appendix B) developed for each handicapped youth through the age of 21 and by the Individual Written Rehabilatation Plan (IWRP), (Appendix C) developed for each handicapped adult under Vocational Rehabilitation.

Other circumstances in which the full cost of the vocational education program may be funded under Section 110 include: 1) persons who have dropped out of the regular school program; 2) persons who are incarcerated in correctional institutions; or 3) persons who are enrolled in other institutions which prevent their attendance in regular programs.

All funds attributable to Section 110 must be matched by State and/or local funds. To repeat, only services over and above those provided in regular programs can be considered special services which can be paid for by the set-aside funds under Section 110. This is commonly referred to as “excess costs.”

Section 110(a) and (b) funds can be used for purposes listed under Part A, Subparts 2 and 3 of the Act. Subpart 2 purposes include: vocational instruction, work-study programs, cooperative vocational education programs, energy education programs, construction of area vocational education school facilities, the provision of stipends under certain conditions, placement services, industrial arts programs, support services for women, day-care services for children of students, State administration, local administration, and special programs and placement services for displaced homemakers. Subpart 3 purposes include: research programs, exemplary and innovative programs, curriculum activities, State administration, local administration, vocational guidance and counseling, vocational education personnel training, and special grants to overcome sex bias. All students receiving any of these services or programs under the setasides must be identified as disadvantaged or handicapped and in need of such services and programs to help them to succeed in the regular vocational education program.

Throughout this publication, "set-asides" refers to vocational priority programs, Section 110(a) and (b) of P.L. 94-482. These funds must be matched by the States and/or localities. The law provides that set-aside Federal funds shall be expended to assist the disadvantaged and the handicapped to succeed in the regular vocational education program.

USE OF FEDERAL FUNDS, SECTION 140:

No matching is required of Section 140 funds. These can be used to pay the full cost of vocational education programs for disadvantaged

persons including such costs as may be necessary for administration, ancillary services and such support services as recruitment, guidance, counseling, placement, evaluation, and follow-up. Funds for Section 140 are accounted for separately.

DEFINITION OF TERMS:

Vocational education is defined in Part C of the legislation in Section 195:

"(1) The term 'vocational education' means organized educational programs which are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career requiring other than a baccalaureate or advanced degree; and, for purposes of this paragraph, the term 'organized education program' means only (A) instruction related to the occupation or occupations for which students are in training or instruction necessary for students to benefit from such training, and (B) the acquisition, maintenance, and repair of instructional supplies, teaching aids and equipment; and the term 'vocational education' does not mean the construction, acquisition or initial equipment of buildings, or the acquisition or rental of land." Vocational instruction as defined in the regulations applicable to the legislation 45 CFR Part 104.512 published in the Federal Register, October 12, 1977, states that:

"(a) For the purposes of these regulations, vocational instruction means instruction which is designed upon its completion to prepare individuals for employment in a specific occupation or a cluster of closely related occupations in an occupational field, and which is especially and particularly suited to the needs of those engaged in or preparing to engage in such occupation or occupations.

"(b) Vocational instruction may include:

(1) Classroom instruction;

(2) Shop, laboratory, and classroom related field work;

(3) Program providing occupational work experience and instructional aspects of apprenticeship programs subject to the provisions of Regulation 104.515;

(4) Remedial programs which are designed to enable individuals, including persons of limited English-speaking ability, to profit from instruction related to the occupation or occupations for which they are being trained by correcting whatever educational deficiencies or handicaps prevent them from benefiting from such instruction; and

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