Chapter 5

Section 110(d) of the Act states: "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."

In the March 27, 1978 Federal Register, Vol. 43, No. 59, the Commissioner of Education issued an interpretation regarding the expenditure of funds under Section 110(a) and (b) as it relates to separate, specialized programs. (Appendix A)

This policy is the same as that expressed under the 1968 Vocational Education Amendments. Policy guidance as stated in the 1972 RESURGE, page 8, was: "If the school (or place of study) is used exclusively by students who have been identified or diagnosed as having a need for specialized staff, special educational materials or equipment, and supportive services to succeed in the regular vocational education program, the total school vocational program may be funded from the disadvantaged and/or handicapped set-aside funds." Under the requirements of the VEA of 1976, the cost of such programs must be matched by the State and/or locality.

With the emphasis on what is best for each individual, rather than what is easiest for the administrators, the following criteria should be used as guidelines when separate programs for the disadvantaged are proposed:

1) The nature and/or severity of the disadvantage is such that the student cannot benefit from participation in a regular program, even with the provision of supportive services.

2) It is recommended that all disadvantaged students be mainstreamed except for institutionalized persons, drop-outs who refuse to return to a regular school environment, and adults with basic literacy problems. There may be unusual situations in which other circumstances exist.

3) The program of instruction is used exclusively by disadvantaged students, including institutionalized persons.

4) The goals and objectives of the separate program are consistent with the goals and objectives of the regular program.

5) The specialized program provides remedial instruction designed to enable the disadvantaged 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.

Eligibility of Students

Support documentation must be available for each student identified as disadvantaged to indicate why that person cannot succeed in a regular vocational education program even with support services. Such documentation can include:

psychological records

education records

• academic records ⚫ truancy records

⚫ past performance in regular vocational programs

Other support documentation such as court records or social work findings might include evidence that students have been diagnosed or identified as having needs which require a specialized staff, specialized educational materials or equipment, and supportive services, or that the students' understanding and comprehension of the English language is so limited as to prevent them from understanding the course content, both verbal and written.

Persons who are institutionalized and are not permitted to participate in regular vocational education programs through halfway houses or release programs obviously require a program located in the institution. Such a program or programs should be designed to include the support services and special educational techniques and equipment which this population may require.

Chapter 6

The following illustrations identify situations in which "set-aside" funding may be used. When the term "set-aside" is used it refers to the combined Federal VEA and required State/local matching funds for the excess costs over and above the costs of providing the regular vocational education program. Each State will have specific procedures as outlined in its State Plan for applying for disadvantaged and handicapped funds. It should be kept in mind that the match required for these funds is on an aggregated State basis.

1. Mainstreamed Students

a) A student for whom English is a second language is placed in a regular auto mechanics program. The student requires remedial instruction in communications. An instructor is employed to assist this student in the English language one hour per day for the semester. The time that the instructor gives to this vocational student may be funded from the set-aside funds for serving the disadvantaged. If that same instructor is employed also to work with students enrolled in general education, that part of the instructor's time given to the vocational student must be prorated.

b) A student who is hard-of-hearing requires an interpreter for the oral instructions given in an office skills class. The interpreter is required by the student for half a day for four days a week. The time which the interpreter gives to the vocational student may be funded from the set-asides.

c) A postsecondary student in a medical technician program requires a wheelchair for mobility. The cost of modifying the laboratory equipment to accommodate the wheelchair, as well as widening the entrance way, may be funded from the set-asides.*

d) An inner-city vocational school estimates that 35 percent of its incoming student body are disadvantaged. The faculty is unable to cope with this influx because, for the most part, they are unfamiliar with the cultural and environmental background of these students. These students are integrated in all of the classes but do not seem to be learning and are apt to drop out. The administration contracts with a

*Part B, Subpart 4, Section 191.