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Page:United States Statutes at Large Volume 90 Part 2.djvu/703

 PUBLIC LAW 94-482—OCT. 12, 1976 for other purposes', enacted April 16, 1934 (48 Stat. 596; 25 U.S.C. 452-457). " (iii) The Commissioner is directed, upon the request of any Indian tribe which has contracted with the Secretary of the Interior for the administration of programs under the Indian Self-Determination Act or under the Act of April 16, 1934, to enter into a contract or contracts with any tribal organization of any such Indian tribe to plan, conduct, and administer programs, or portions thereof, which are authorized by and consistent with the purposes of this Act, except that such contracts shall be subject to the terms and conditions of section 102 of the Indian Self-Determination Act and shall be conducted in accordance with the provisions of sections 4, 5, and 6 of the Act of April 16, 1934, which are relevant to the programs administered under this sentence. From any remaining funds reserved pursuant to division (i) of this subparagraph (B), the Commissioner is authorized to enter into an agreement with the Commissioner of the Bureau of Indian Affairs for the operation of vocational education programs authorized by this Act in institutions serving Indians described in division (i) of this subparagraph (B), and the Secretary of the Interior is authorized to receive these funds for that purpose. For the purposes of this Act, the Bureau of Indian Affairs shall be deemed to be a State board; and all the provisions of this Act shall be applicable to the Bureau as if it were a State board. "(2) From the remainder of the sums appropriated pursuant to section 102(a) and from all of the sums appropriated pursuant to sections 102(b)j (c), and (d), the Commissioner shall allot to each State for each fiscal year— "(A) an amount which bears the same ratio to 50 per centum of the sums being allotted as the product of the population aged fifteen to nineteen, inclusive, in the State in the fiscal year preceding the fiscal year for which the determination is made and the State's allotment ratio bears to the sum of the corresponding products for all the States; "(B) an amount which bears the same ratio to 20 per centum of the sums being allotted as the product of the population aged twenty to twenty-four, inclusive, in the State in the fiscal year preceding the fiscal year for which the determination is made and the State's allotment ratio bears to the sum of the corresponding products for all the States; "(C) an amount which bears the same ratio to 15 per centum of the sums being allotted as the product of the population aged twenty-five to sixty-five, inclusive, in the State in the fiscal year preceding the fiscal year for which the determination is made and the State's allotment ratio bears to the sum of the corresponding products for all the States; and "(D) an amount which bears the same ratio to 15 per centum of the sums being allotted as the amounts allotted to the State under subparagraphs (A), (B), and (C) for such years bears to the sum of the amounts allotted to all the States under subparagraphs (A), (B), and (C) for such year. "(b)(1) The amount of any State's allotment under subsection (a) for any fiscal year which is less than $200,000 shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the allotments to each of the remaining States under such subsection, but with such adjustments as may be )iecessary to prevent the allotment of any of such remaining States from being thereby reduced to less than that amount.

90 STAT. 2171

25 USC 450f "ot^-

25 USC 455-457.

•

V

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Page:United States Statutes at Large Volume 90 Part 2.djvu/704

 90 STAT. 2172

"Per capita income."

PUBLIC LAW 94-482—OCT. 12, 1976 "(2) The amount of any State's allotment under subsection (a) for any fiscal year which the Commissioner determines will not be required for such fiscal year for carrying out the program for which such amount has been allotted shall be available, from time to time, for reallotment, on such dates during such year as the Commissioner shall fix, on the basis of criteria established by regulation, among other States, except that funds appropriated under section 102(b) may only be reallotted for the use set forth in section 140. Any amount reallotted to a State under this subsection for any fiscal year shall remain available for obligation during the next succeeding fiscal year and shall be deemed to be part of its allotment for the year in which it is obligated. "(c)(1) The allotment ratio for any State shall be 1.00 less the product of— "(A) 0.50; and "(B) the quotient obtained by dividing the per capita income for the State by the per capita income for all the States (exclusive of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), except that (i) the allotment ratio in no case shall be more than 0.60 or less than 0.40, and (ii) the allotment ratio for Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands shall be 0.60. "(2) The allotment ratios shall be promulgated by the Commissioner for each fiscal year between October 1 and December 31 of the fiscal year preceding the fiscal year for which the determination is made. Allotment ratios shall be computed on the basis of the average of the appropriate per capita incomes for the three most recent consecutive fiscal years for which satisfactory data are available. "(3) The term 'per capita income' means, with respect to a fiscal year, the total personal income in the calendar year ending in such year, divided by the population of the area concerned in such year. "(4) For the purposes of this section, population shall be determined by the Commissioner on the basis of the latest estimates available to him. "(d) The amount of any State's allotment under this section from appropriations provided under section 102, for any fiscal year shall not be less than the total amount of payments made to the State under allotments determined under this Act for the fiscal year ending June 30, 1976. "(e) From the sums allotted to a State under this section from appropriations made under section 102(a), 80 per centum of such sums shall be available to each State for the purpose of carrying out subpart 2 of this part and 20 per centum shall be available for the purpose of carrying out subpart 3 of this part. "STATE ADMINISTRATION

20 USC 2304.

"SEC. 104. (a)(1) Any State desiring to participate in the programs authorized by this Act shall, consistent with State law, designate or establish a State board or agency (hereinafter in this Act referred to as the 'State board') which shall be the sole State agency responsible for the administration, or for the supervision of the administration, of such programs. The responsibilities of the State board shall include— "(A) the coordination of the development of policy with respect to such programs;

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/705

 PUBLIC LAW 94-482—OCT. 12, 1976 "(B) the coordination of the development, and the actual submission to the Commissioner, of the five-year State plan required by section 107 and of the annual program plan and accountaDility report required by section 108; and "(C) the consultation with the State advisory council on vocational education and other appropriate State agencies, councils, and individuals involved in the planning and reporting as required by sections 107 and 108. Except with respect to those functions set forth in the preceding sentence, the State board may delegate any of its other responsibilities involving administration, operation, or supervision, in whole or in part, to one or more appropriate State agencies. " (2) Each State board shall certify to the Commissioner, as part of its annual program plan and accountability report submitted pursuant to section 108, any delegation of its responsibilities for administration, operation, or supervision of vocational education programs under this Act to other appropriate State agencies, setting forth the specific responsibility delegated and the specific agency involved. "(3) Each State board shall also certify to the Commissioner, as part of its five-year plan and as part of its annual program plan and accountability report, that each of the agencies, councils, and individuals required to be involved in formulating the five-year plan and the annual plan and report have been afforded the opportunity to be involved in accordance with the provisions of this Act. "(b)(1) Any State desiring to participate in the programs authorized by this Act shall also assign such full-time personnel as may be necessary to assist the State board in fulfilling the purposes of this Act by— "(A) taking such action as may be necessary to create awareness of programs and activities in vocational education that are designed to reduce sex stereotyping in all vocational education programs; "(B) gathering, analyzing, and disseminating data on the status of men and women, students and employees in the vocational education programs of that State; "(C) developing and supporting actions to correct any problems brought to the attention of such personnel through activities carried out under clause (B) of this sentence; " (D) reviewing the distribution of grants by the State board to assure that the interests and needs of women are addressed in the projects assisted under this Act; " (E) reviewing all vocational education programs in the State for sex bias; " (F) monitoring the implementation of laws prohibiting sex discrimination in all hiring, firing, and promotion procedures within the State relating to vocational education; "(G) reviewing and submitting recommendations with respect to the overcoming of sex stereotyping and sex bias in vocational education programs for the annual program plan and report; " (H) assisting local educational agencies and other interested parties in the State in improving vocational education opportunities for women; and " (I) making readily available to the State board, the State and National Advisory Councils on Vocational Education, the State Commission on the Status of Women, the Commissioner and the general public, information developed pursuant to this subsection. " (2) From the funds appropriated to carry out subpart 2, each State shall reserve $50,000 in each fiscal year to carry out this subsection.

89-194 O—78—pt. 2

45

90 STAT. 2173

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Page:United States Statutes at Large Volume 90 Part 2.djvu/706

 90 STAT. 2174 "State."

PUBLIC LAW 94-4«2—OCT. 12, 1976 "(3) For the purpose of this subsection, the term 'State' means any one of the fifty States and the District of Cohimbia. "STATE AND LOCAL ADVISORY COUNCILS

20 USC 2305.

29 USC 817.

"SEC. 105. (a) Any State which desires to participate in programs under this Act for any fiscal year shall establish a State advisory council, which shall be appointed by the Governor or, in the case of States in which the members of the State board of education are elected (including election by the State legislature), by such board. Members of each State advisory council shall be appointed for terms of three years except that (1) in the case of the members appointed for fiscal year 1978, one-third of the membership shall be appointed for terms of one year each and one-third shall be appointed for terms of two years each, and (2) appointments to fill vacancies shall be for such terms as remain unexpired. Each State advisory council shall have as a majority of its members persons who are not educators or administrators in the field of education and shall include as membeis one or more individuals who— "(1) represent, and aie familiar with, the vocational needs and problems of management in the State; "(2) represent, and are familiar with, the vocational needs and problems of labor in the State; "(3) represent, and are familiar with, the vocational needs and problems of agriculture in the State; "(4) represent State industrial and economic development agencies; "(5) represent community and junior colleges; "(6) represent other institutions of higher education, area vocational schools, technical institutes, and postsecondary agencies or institutions which provide programs of vocational or technical education and training; "(7) have special knowledge, experience, or qualifications with respect to vocational education but are not involved in the administration of State or local vocational education programs; "(8) represent, and are familiar with, public programs of v(x;ational education in comprehensive secondary schools; " (9) represent, and are familiar with, nonprofit private schools; "(10) represent, and are familiar with, vocational guidance and counseling services; " (11) represent State correctional institutions; "(12) are vocational education teachers presently teaching in local educational agencies; "(13) are currently serving as superintendents or other administrators of local educational agencies; " (14) are currently serving on local school boards; "(15) represent the State Manpower Services Council established pursuant to section 107 of the Comprehensive Employment and Training Act of 1973; "(16) represent school systems with large concentrations of persons who have special academic, social, economic, and cultural needs and of persons who have limited English-speaking ability; "(17) are women with backgrounds and experiences in employment and training programs, and who are knowledgeable with respect to the special experiences and problems of sex discrimination in job training and employment and of sex stereotyping in vocational education, including women who are members of minority groups and who have, in addition to such backgrounds and

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Page:United States Statutes at Large Volume 90 Part 2.djvu/707

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2175

experiences, special knowledge of the problems of discrimination in job training and employment against women who are members of such groups; "(18) have special knowledge, experience, or c^ualifications with respect to the special educational needs of physically or mentally handicapped persons; "(19) represent the general public, including a person or persons representing and knowledgeable about the poor and disadvantaged; and "(20) are vocational education students who are not qualified for membership under any of the preceding clauses of this paragraph. Members of the State advisory council may not represent more than one of the above-specified categories. In appointing the State advisory council the Governor or the State board of education, as the case may be, shall insure that there is appropriate representation of both sexes, racial and ethnic minorities, and the various geographic regions of the State. "(b) Not less than ninety days prior to the beginning of any fiscal year in which a State desires to receive a grant under this Act, the State shall certify the establishment of, and membership of, its State advisory council to the Commissioner. " (c) Each State advisory council shall meet within thirty days after certification has been accepted by the Commissioner and shall select from among its membership a Chairman. The time, place, and manner of meeting, as well as council operating procedures and staffing, shall be as provided by the rules of the State advisory council, except that such rules must provide for not less than one public meeting each year at which the public is given an opportunity to express views concerning the vocational education program of the State. "(d)(1) Each State advisory council shall advise the State board in the development of the five-year State plan submitted under section 107 and the annual program plan and accountability report submitted under section 108 and shall advise the State board on policy matters arising out of the administration of programs under such plans and reports. " (2) Each state advisory council shall also evaluate vocational education programs, services, and activities assisted under this Act, and publish and distribute the results thereof. "(3) Each State advisory council shall prepare and submit to the Evaluation Commissioner and to the National Advisory Council created under report, section 162, through the State board, an annual evaluation report, Post, p. 2199. accompanied by such additional comments of the State board as the State board deems appropriate, which (A) evaluates the effectiveness of vocational education programs, services, and activities carried out in the year under review in meeting the program goals set forth in the five-year State plan submitted under section 107 and the annual program plan and accountability report submitted under section 108, including a consideration of the program evaluation reports developed by the State pursuant to section 112 and of the analysis of the distribution of Federal funds within the State submitted by the State board pursuant to section 108, and (B) recommends such changes in such programs, services, and activities as may be deemed necessary. "(4)(A) Each State advisory council shall identify, after consultation with the State Manpower Services Council, the vocational education and employment and training needs of the State and assess the extent to which vocational education, employment training, voca-

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Page:United States Statutes at Large Volume 90 Part 2.djvu/708

 90 STAT. 2176

29 USC 817.

Appropriation auUiorization.

Local advisory councils.

PUBLIC LAW 94-482—OCT. 12, 1976 tional rehabilitation, and other programs assisted under this and related Acts represent a consistent, integrated, and coordinated approach to meeting such needs; and (B) comment, at least once annually, on the reports of the State Manpower Services Council, which comments shall be included in the annual report submitted by the State advisory council pursuant to this section and in the annual report submitted by the State council pursuant to section 107 of the Comprehensive Employment and Training Act of 1973. "(e) Each State advisory council is authorized to obtain the services of such professional, technical, and clerical personnel as may be necessary to enable it to carry out its functions under this Act and to contract for such services as may be necessary to carry out its evaluation functions, independent of programmatic and administrative control by other State boards, agencies, and individuals. "(f)(1) There are herebv authorized to be appropriated $8,000,000 for fiscal year 1978, $8,500,000 for fiscal year 1979, $9,000,000 for fiscal year 1980, $10,000,000 for fiscal year 1981, and $8,000,000 for fiscal year 1982, for the purpose of making grants to State advisory councils to carry out the functions specified in this section. From the sums appropriated pursuant to this subsection, the Commissioner shall, subject to the provisions of the following sentence, make grants to State advisory councils to carry out the functions specified in this section, and shall pay to each State advisory council an amount equal to the reasonable amounts expended by it in carrying out its functions under this Act in such fiscal year, except that no State advisory council shall receive an amount to exceed $200,000 or an amount less than $75,000. In the case of Guam, American Samoa, and the Trust Territory of the Pacific Islands, the Commissioner may pay the State advisory council in each such jurisdiction an amount less than the minimum specified in the preceding sentence if he determines that the council can perform its functions with a lesser amount. "(2) The expenditure of these funds is to be determined solely by the State advisory council for carrying out its functions under this Act, and may not be diverted or reprogramed for any other purpose by any State board, agency or individual. Each council shall designate an appropriate State agency or other public agency, eligible to receive funds under this Act, to act as its fiscal agent for purposes of disbursement, accounting, and auditing. " (g)(1) Each eligible recipient receiving assistance under this Act to operate vocational education programs shall establish a local advisory council to provide such agency with advice on current job needs and on the relevancy of courses being offered by such agency in meeting such needs. Such local advisory councils shall be composed of members of the general public, especially of representatives of business, industry, and labor; and such local advisory councils may be established for program areas, schools, communities, or regions, whichever the recipient determines best to meet the needs of that recipient. "(2) Each State board shall notify eligible recipients within the State of the responsibilities of such recipients under the provisions of paragraph (1); and each State advisory council shall make available to such recipients and the local advisory councils of such recipients such technical assistance as such recipients may request to establish and operate such councils. a, GENERAL APPLICATION

20 USC 2306.

"SEC. 106. (a) Any State desiring to receive the amount for which it is eligible for any fiscal year pursuant to this Act shall, through its

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Page:United States Statutes at Large Volume 90 Part 2.djvu/709

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2177

State board, submit to, and maintain on file with, the Commissioner a general application providing assurances— "(1) that the State will provide for such methods of administration as are necessary for the proper and efficient administration of the Act; "(2) that the State board will cooperate with the State advisory council on vocational education in carrying out its duties pursuant to section 105 and with the agencies, councils, and individuals specified in sections 107 and 108 to be involved in the formulation of the five-year State plan and of the annual program plans and accountability reports; "(3) that the State will comply with any requests of the Commissioner for making such reports as the Commissioner may reasonably require to carry out his functions under this Act; " (4) that funds will be distributed to eligible recipients on the basis of annual applications which— "(A) have been developed in consultation (i) with representatives of the educational and training resources available in the area to be served by the applicant and (ii) with the local advisory council required to be established by this Act to assist such recipients, "(B)(i) describe the vocational education needs of potential students in the area or community served by the applicant and indicate how, and to what extent, the program proposed in the application will meet such needs, and (ii) describe how the findings of anj'^ evaluations of programs operated by such applicant during previous years, including those required by this Act, have been used to develop the program proposed in the application, "(C) describe how the activities proposed in the application relate to manpower programs conducted in the area by a prime sponsor established under the Comprehensive Employment and Training Act of 1973, if any, to assure a 29 USC 801 note, coordinated approach to meeting the vocational education and training needs of the area or community, and "(D) describe the relationship between vocational education programs proposed to be conducted with funds under this Act and other programs in the area or community which are supported by State and local funds; and that any eligible recipient dissatisfied with final action with respect to any application for funds under this Act shall be given reasonable notice and opportunity for a hearing; "(5)(A) that the State shall, in considering the approval of such applications, give priority to those applicants which— "(i) are located in economically depressed areas and areas with high rates of unemployment, and are unable to provide the resources necessary to meet the vocational education needs of those areas without Federal assistance, and "(ii) propose programs which are new to the area to be served and which are designed to meet new and emerging manpower needs and job opportunities in the area and, where relevant, in the State and the Nation; and "(B) that the State shall, in determining the amount of funds available under this Act which shall be made available to those applicants approved for funding, base such distribution on economic, social and demographic factors relating to the need for

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Page:United States Statutes at Large Volume 90 Part 2.djvu/710

 90 STAT. 2178

20 USC 1241 ^°^20 USC 1233c.

PUBLIC LAW 94-482—OCT. 12, 1976 vocational education among the various populations and the various areas of the State, except that— "(i) the State will use as the two most important factors in determining this distribution (I) in the case of local educational agencies, the relative financial ability of such agencies to provide the resources necessary to meet the need for vocational education in the areas they service and the relative number or concentration of low-income families or individuals within such agencies, and (II) in the case of other eligible recipients, the relative financial ability of such recipients to provide the resources necessary to initiate or maintain vocational education programs to meet the needs of their students and the relative number or concentration of students whom they serve whose education imposes higher than average costs, such as handicapped students, students from lowincome families, and students from families in which English is not the dominant language; and "(ii) the State will not allocate such funds among eligible recipients within the State on the basis of per capita enrollment or through matching of local expenditures on a uniform percentage basis, or deny funds to any recipient which is making a reasonable tax effort solely because such recipient is unable to pay the non-Federal share of the cost of new programs; "(6) that Federal funds made available under this Act will be so used as to supplement, and to the extent practicable, increase the amount of State and local funds that would in the absence of such Federal funds be made available for the uses specified in the Act, and in no case supplant such State or local funds; "(7) that the State will make provision for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for. Federal funds paid to the State (including such funds paid by the State to eligible recipients under this Act); "(8) that funds received under this Act will not be used for any program of vocational education (except personnel training programs under section 135, renovation programs under subpart 4 of part B, and homemaking programs under subpart 5 of this part which cannot be demonstrated to prepare students tor employment, be necessary to prepare individuals for successful completion of such a program, or be of significant assistance to individuals enrolled in making an informed and meaningful occupational choice as an integral part of a program of orientation and preparation; "(9) that the State has instituted policies and procedures to insure that copies of the State plan and annual program plan and accountability report and all statements of general policies, rules, regulations, and procedures issued by the State board and by any State agencies to which any responsibility is delegated by the State board concerning the administration of such plan and report will be made reasonably available to the public; and "(10) that the funds used for purposes of section 110(a) are consistent with the State plan submitted pursuant to section 613 (a) of the Education of the Handicapped Act. "(b) Such general application shall be considered to be the general application required to be submitted by the State for funds received under the Vocational Education Act of 1963 under the provisions of subsection (b) of section 434 of the General Education Provisions Act.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/711

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2179

a FIVE-YEAR STATE PLANS

"SEC. 107. (a)(1) Any State desiring to receive funds under this 20 USC 2307. Act shall submit to the Commissioner, during fiscal year 1977 and during each fifth fiscal year occurring thereafter, a State plan for vocational education for the five fiscal years succeeding each such fiscal year. In formulating this plan, the State board shall involve the active participation of— " (A) a representative of the State agency having responsibility for secondary vocational education programs, designated by that agency; " (B) a representative of the State agency, if such separate agency exists, having responsibility for postsecondary vocational education programs, designated by that agency; "(C) a representative of the State agency, if such separate agency exists, having responsibility for community and junior colleges, designated hj that agency; "(D) a representative of the State agency, if such separate agency exists, having responsibility for institutions of higher education in the State, designated by that agency; " (E) a representative of a local school board or committee, as determined by State law; " (F) a representative of vocational education teachers, as determined by State law; "(G) a representative of local school administrators, as determined by State law; " (H) a representative of the State Manpower Services Council appointed pursuant to section 107(a)(2)(A)(i) of the Comprehensive Employment and Training Act of 1973, designated by 29 USC 817. that council; " (I) a representative of the State agency or commission responsible for comprehensive planning in postsecondary education, which planning reflects programs offered by public, private non-profit and proprietary institutions, and includes occupational programs at a less-than-baccalaureate degree level, if such separate agency or commission exists, designated by that agency or commission; and " (J) a representative of the State advisory council on vocational education, designated by that council. This participation shall include at least four meetings during the planning year between representatives of the State board and representatives of all of these agencies, councils, and individuals, meeting as a group. The first of these meetings shall be before the plan is developed; the second meeting shall be to consider the first draft of the plan; the third meeting shall be to consider the draft of the plan rewritten to reflect the results of the second meeting; and the fourth meeting shall be to approve the final plan. If these agencies, councils, and individuals, and the State board are not able to agree upon the provisions of the State plan, the State board shall have the responsibility for reaching a final decision on those provisions; but the State board shall include in the plan (a) the recommendations rejected by the board, (b) the agency, council, or individual making each such recommendation, and (c) the reasons of the State board for rejecting these recommendations. Any agency or council described above which is dissatisfied with any final decision of the State board may appeal the board's decision to the Commissioner. In such a case the Commissioner shall afford such agency or council and the State board reasonable notice and opportunity for a hearing and shall determine whether

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Executive Order 2694-A

Acting under the authority of Section 2 of the Act of Congress approved August 10, 1917, entitled An Act to provide further for the national security and defense by encouraging the production, conserving the supply and controlling the distribution of food products and fuel, which section reads in part, as follows: "That in carrying out the purposes of this Act the President is authorized * * * to utilize any department or agency of the Government, and to coordinate their activities so as to avoid any preventable loss or duplication of effort or funds;" because the office of the Commissioner of Internal Revenue in the Treasury Department is now regulating the production of distilled spirits through the United States and is in control of the machinery necessary to enforce effectively the provisions of Sections 15 and 16 of the aforesaid Act of August 10, 1917, relating to distilled spirits;

Now, in order more effectively to enforce the provisions of said Act, and to avoid preventable duplication of effort and funds, I hereby direct that the Treasury Department shall henceforth supervise, direct and carry into effect the provisions of Sections 15 and 16 of said Act of August 10, 1917, and exercise the powers and authority therein given to the President, subject to such instructions and regulations as may from time to time be issued by the President. For this purpose the Secretary of the Treasury is hereby authorized to assign such duties to the Commissioner of Internal Revenue, the Internal Revenue officers of the United States, and the Division of Customs, and to employ such additional assistants as he may deem necessary therefor.

The Executive Order dated August 10, 1917, providing for the organization of the United States Food Administration, so far as it is inconsistent herewith, is hereby modified.

, September 2, 1917.

title: Executive Order 2694-A


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/712

 90 STAT. 2180

20 USC 1233c.

Submittal to G>minis9ioner.

PUBLIC LAW 94-482—OCT. 12, 1976 the State board's decision is supported by substantial evidence, as shown in the State plan, and will best carry out the purposes of the Act. Any agency or State board dissatisfied with a final action of the Commissioner under this subsection may appeal to the United States Court of Appeals for the circuit in which the State is located in accordance with the procedure specified in section 434(d)(2) of the General Education Provisions Act. "(2) The State board shall, during the years in which it formulates any five-year plan required under this section, conduct a series of public hearings, after giving sufficient public notice, throughout all regions of the State in order to permit all segments of the population to give their views on the goals which ought to be adopted in the State plan, including the courses to be offered, the allocations of responsibility for these courses among the various levels of education and among the various institutions of the States, and the allocations of local, State, and Federal resources to meet those goals. These views shall be included in the final State plan with a description of how such views are reflected in the plan; and if particular views are not reflected, then the plan shall set out the reasons for rejecting them. "(b) The five-year State plans shall be submitted to the Commissioner by the July 1st preceding the beginning of the first fiscal year for which such plan is to take effect and shall— "(1) assess the current and future needs for job skills within the State and, where appropriate, within the pertinent region of the country, through consideration of the latest available data of present and projected employment, including the data available under section 161; "(2) set out explicitly the goals the State will seek to achieve by the end of the five-year period of the State plan in meeting the need for particular job skills identified through the assessment undertaken in accordance with paragraph (1), including (A) a description of these goals in terms of.— "(i) the courses and other training opportunities to be offered to achieve those skills, "(ii) the projected enrollments of those courses and other training opportunities, "(iii) the allocations of responsibility for the offering of those courses and training opportunities among the various levels of education and among the various institutions of the State, and "(iv) the allocations of all local. State, and Federal financial resources available in the State among these courses and training opportunities, levels of education, and institutions within the State, and (B) the reasons for choosing these courses and training opportunities, enrollments, allocations of responsibilities, and allocations of resources; "(3)(A) set out explicitly the planned uses of Federal, State, and local vocational education funds for each fiscal year of the State plan and show how these uses will enable the State to achieve these goals, including (i) a description of these uses of funds in terms of the elements listed in clauses (2)(A)(i) through (2) (A) (iv) above, and (ii) the reasons for choosing these particular uses, except that the State will continue to use approximately the same amount of its State grant under subpart 2 of this part for programs in secondary schools during fiscal years 1978 and 1979 as it had used during fiscal years 1975 and 1976 unless the State is

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Page:United States Statutes at Large Volume 90 Part 2.djvu/713

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2181

able to demonstrate in its five-year plan the need to shift funds from such use; "(B)(i) set out explicitly the uses which the State intends to make of the funds available to it under this Act, as those uses are set out in sections 120,130,140, and 150, and set out the reasons for choosing such uses; and (ii) set out explicitly the uses which the State intends to make of these funds to meet the special needs of handicapped and disadvantaged persons and persons who have limited English-speaking ability; "(4)(A) set forth policies and procedures which the State will follow so as to assure equal access to vocational education programs by both women and men including— "(i) a detailed description of such policies and procedures, "(ii) actions to be taken to overcome sex discrimination and sex stereotyping in all State and local vocational education programs, and "(iii) incentives, to be provided to eligible recipients so that such recipients will— " (I) encourage the enrollment of both women and men in nontraditional courses of study, and " ( II) develop model programs to reduce sex stereotyping in all occupations; and "(B) set forth a program to assess and meet the needs of persons described in section 120(b)(1)(L) which shall provide for (i) special courses for such persons in learning how to seek employment, and (ii) placement services for such graduates of vocational education programs and courses; and "(5) set out criteria which have been developed for coordinating manpower training programs conducted by prime sponsors established under the Comprehensive Employment and Training Act of 1973 with vocational education programs assisted 29 USC 801 note, under this Act and for coordinating such vocational education programs with such manpower training programs. "ANNUAL PROGRAM PLANS AND ACCOUNTABILITY REPORTS

"SEC. 108. (a)(1) Any State desiring to receive funds under this 20 USC 2308. Act shall submit to the Commissioner an annual program plan and accountability report for each of the fiscal years included in the fiveyear State plan. In formulating this plan and report, the State board shall involve the active participation of the agencies, councils, and individuals who are required to be involved in formulating the fiveyear State plan as described in section 107. This participation 5hall include at least three meetings during each fiscal year between representatives of the State board and representatives of all of these agencies, councils, and individuals, meeting as a group. The first of these meetings shall be before the plan and report is developed; the second meeting shall be to consider the draft of the plan and report; and the third meeting shall be to approve the final plan and report. If these agencies, councils, and individuals, and the State board are not able to agree upon the provisions of the plan and report, the State board shall have the same responsibility for reaching a final decision on those provisions as it has for reaching a final decision on the five-year State plan under section 107; and the same requirements shall be applicable concerning inclusion of rejected recommendations, appeal of the board's decision to the Commissioner, and judicial review as are applicable to the five-year State plan under section 107.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/714

 90 STAT. 2182 Public hearing.

^^P"'^.*^ Lommissioner.

PUBLIC LAW 94.-4«2—OCT. 12, 1976 «(2) The State board shall, during each fiscal year, conduct a public hearing, after giving sufficient public notice, on the annual planning and accountability report in order to permit all segments of the population to give their views on the provisions of the plan and report. These views shall be included in the final plan and report with a description of how such views are reflected in the plan and report; and if particular views are not reflected, then the plan and report shall set out the reasons for rejecting them. "(b) The annual program plan and accountability report shall be submitted to the Commissioner by the July 1st preceding the beginning of the fiscal year for which the plan is to be effective. This plan and report shall contain: " (1) planning provisions which— "(A) set out any updating of the five-year State plan deemed necessary to reflect later or more accurate employment data or a different level of funding than was anticipated; "(B)(i) set out explicitly how the State during that fiscal year will comply with the uses of Federal, State, and local funds proposed for that fiscal year in the five-year plan, including a description of these uses in terms of the elements listed in clauses (2)(A)(i) through (2)(A) (iv) of section 107, and describe how these uses of funds may differ from those proposed in the five-year plan and give the reasons for any such changes; "(ii) set out explicitly the uses which the State intends to make of the funds available to it under this Act for that fiscal year, as those uses are set out in sections 120, 130, 140, and 160, and describe how those uses may differ from the uses proposed in the five-year plan and give the reasons for any such changes, and set out explicitly the proposed distribution of such funds among eligible recipients, together with an analysis of the manner in which such distribution complies with the assurance given in the general application under section 106(a)(5) relating to the distribution of Federal funds;and "(C) show the results of the— "(i) coordination of programs funded under this Act with manpower training programs and of manpower training programs with programs funded under this Act; "(ii) compliance of the State plan with the provision contained in section 107(b)(4)(A) concerning providing equal access to programs by both men and women; and "(iii) participation of local advisory councils required to be established under section 105(g); and "(2) reporting provisions which— "(A) show explicitly the extent to which the State during the fiscal year preceding the submission of the plan and report has achieved the goals of the five-year plan and the degree to which the uses of Federal, State, and local funds proposed for that fiscal year in the plan have been complied with, including a description of these goals and uses in terms of the elements listed in clauses (2)(A)(i) through (2)(A) (iv) of section 107(b); "(B) show explicitly how funds available under this Act have been used during that fiscal year, including a description of the uses of these funds among the authorized uses of

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Page:United States Statutes at Large Volume 90 Part 2.djvu/715

 PUBLIC LAW 94-4«2—OCT. 12, 1976

90 STAT. 2183

funds set out in sections 120, 130, 140, and 150, and including a description of the distribution of these funds among local educational agencies and other eligible recipients in conformity with the requirements contained in section 106(a)(5), and give the results achieved with these funds; and "(C) contain a summary of the evaluations of programs required to be conducted by section 112 and a description of how the information from these evaluations has been, or is being, used by the State board to improve its programs. u SUBMISSION OF P L A N S: WITHHOLDING AND JUDICIAL

REVIEW

"SEC. 109. (a)(1) The Commissioner shall not approve a five-year 20 USC 2309. State plan submitted under section 107 until he has made specific findings, in writing, as to the compliance of such plan with the provisions of this Act and he is satisfied that adequate procedures are set forth to insure that the assurances of the general application submitted under section 106 and the provisions of the State plan will be carried out. "(2) The Commissioner shall not approve an annual program plan and accountability report submitted under section 108 until he has made specific findings, in writing, as to the compliance of such plan and report with the provisions of this Act, he is satisfied that adequate procedures are set forth to insure that the assurances of the general application submitted under section 107 are being carried out, and he is satisfied that the annual plan and report shows progress in achieving the goals set forth in the five-year State plan. " (3)(A) In carrying out the provisions of this subsection, the Commissioner shall provide for appropriate review of each State's fiveyear plan and annual program plan and report by the various agencies administering programs within the Office of Education related to the vocational education programs being proposed under the State plan or the program plan and report. "(B) In carrying out the provisions of this subsection, the Commissioner shall not approve a State plan or annual program plan and report until he has received assurances that the personnel assigned to review programs within the State to assure equal access by both men and women under the provisions of section 104(b) have been afforded the opportunity to review the plan or program plan and report. "(C) In carrying out the provisions of this subsection, the Commissioner shall not approve a State plan or annual program plan and report unless the State has complied in compiling this plan or program plan and report with the nationally uniform definitions and information elements which have been developed pursuant to section 161. "(b)(1) The Commissioner shall not finally disapprove any State plan or program plan and report submitted under this Act, or any modification thereof, without first affording the State board submitting the plan or program plan and report reasonable notice and opportunity for a hearing. "(2) The Commissioner shall not disapprove any plan or program plan and report submitted under this Act solely on the basis of the distribution of State and local expenditures for vocational education. "(c) Whenever the Commissioner, after reasonable notice and opportunity for hearing to the State board, finds that— "(1) the State plan or program plan and report has been so changed that it no longer complies with the provisions of this Act,

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Page:Congressional Government.djvu/304

 nation keeps control of policy in spite of these hide-and-seek vagaries of authority. Indeed, it is doubtful if it does keep control through all the roundabout paths which legislative and executive responsibility are permitted to take. It must follow Congress somewhat blindly; Congress is known to obey without altogether understanding its Committees: and the Committees must consign the execution of their plans to officials who have opportunities not a few to hoodwink them. At the end of these blind processes is it probable that the ultimate authority, the people, is quite clear in its mind as to what has been done or what may be done another time? Take, for example, financial policy,—a very fair example, because, as I have shown, the legislative stages of financial policy are more talked about than any other congressional business, though for that reason an extreme example. If, after appropriations and adjustments of taxation have been tardily and in much tribulation of scheming and argument agreed upon by the House, the imperative suggestions and stubborn insistence of the Senate confuse matters till hardly the Conference Committees themselves know clearly what the outcome of the disagreements has been; and if, when these compromise measures are launched as laws, the method of their execution is beyond the view of the Houses, in the semi-privacy of

title: Page:Congressional Government.djvu/304


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Page:United States Statutes at Large Volume 90 Part 2.djvu/716

 90 STAT. 2184

Petition for appeal.

PUBLIC LAW 94-482—OCT. 12, 1976 "(2) in the administration of the plan or program plan and report there is a failure to comply substantially with any such provision, the Commissioner shall notify such State board that no further payments will be made to the State under this Act (or, in his discretion, further payments to the State will be limited to programs under or portions of the State plan or program plan and report not affected by such failure) until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied, the Commissioner shall make no further payments to such State under this Act (or shall limit payments to programs under, or portions of, the State plan or program plan and report not affected by such failure). "(d) A State board which is dissatisfied with a final action of the Commissioner under this section may appeal to the United States court of appeals for the circuit in which the State is located, by filing a petition with such court within sixty days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner, or any officer designated by him for that purpose. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set aside such action, in whole or in part, temporarily or permanently, but until the filing of the record the Commissioner may modify or set aside his action. The findings of the Commissioner as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Commissioner shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. The commencement of proceedings under this subsection shall not, unless so specifically ordered by the court, operate as a stay of the Commissioner's action. "(e)(1) If any eligible recipient is dissatisfied with the final action of the State board or other appropriate State administering agency with respect to approval of an application by such eligible recipient for a grant pursuant to this Act, such eligible recipient may, within sixty days after such final action or notice thereof, whichever is later, file with the United States court of appeals for the circuit in which the State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the State board or other appropriate State administering agency. The State board or such other agency thereupon shall file in the court the record of the proceedings on which the State board or such other agency based its action, as provided in section 2112 of title 28, United States Code. "(2) The findings of fact by the State board or other appropriate administering agency, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the State board or other such agency to take further evidence, and the State board or such other agency may thereupon make new or

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Page:United States Statutes at Large Volume 90 Part 2.djvu/717

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2185

modified findings of fact and may modify its previous action, and shall certify to the court the record of the further proceedings. "(3) The court shall have jurisdiction to affirm the action of the State board or other appropriate administering agency or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. "(f)(1) The Commissioner shall prescribe and implement rules to assure that any hearing conducted under section 434(c) of the General Education Provisions Act in connection with funds made avail- 20 USC 1233c. able from appropriations under this Act shall be held within the State of the att'ected unit of local government or geographic area within the State. "(2) For the purposes of paragraph (1)— Definitions. '•(A) the term 'unit of local government' means a county, municipality, town, township, village, or other unit of general government below the State level; and "(B) the term 'geographic area within a State' means a special purpose district or other region recognized for governmental purposes within such State which is not a unit of local government. NATIONAL TRIORITY PROGRAMS

"SEC. 110. (a) For each fiscal year, at least 10 per centum of each 20 USC 2310. State's allotment under section 103 shall be used to pay 50 per centum of the cost of vocational education for handicapped persons, "(b)(1) For each fiscal year, at least 20 per centum of each State's allotment under section 103 shall be used to pay 50 per centum of the cost of vocational education 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, having limited English-speaking ability is to the total population of the fttate aged fifteen to twentyfour, 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). "(c) For each fiscal year, at least 15 per centum of each State's allotment under section 103 shall be used to pay 50 per centum of the cost of vocational education for (1) persons who have completed or left high school and who are enrolled in organized programs of study for which credit is given toward an associate or other degree, but which programs are not designed as baccalaureate or higher degree programs, and (2) persons who have already entered the labor market, or are unemployed, or who have completed or left high school and who are not described in 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. uP A Y M E N T S TO STATES

"SEC. 111. (a)(1) The Commissioner shall pay, from the amount 20 USC 2311. available to each State for grants under this part (except subpart 5) to eligible recipients, an amount equal to—

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Page:United States Statutes at Large Volume 90 Part 2.djvu/718

 90 STAT. 2186

PUBLIC LAW 94-482—OCT. 12, 1976 " (A) 50 per centum of the cost of carrying out its annual program plan as approved pursuant to section 109, other than programs and activities for persons described in section 110; "(B) 50 per centum of the cost of vocational education programs for persons with special needs described in section 110(a), (b), and (c); and "(C) 100 per centum of the cost of vocational education programs described in sections 122(f), 133(b), and 140; except that in the case of the Trust Territory of the Pacific Islands and American Samoa, such amount shall be equal to 100 per centum of such expenditures. "(2)(A) In addition, the Commissioner shall pay, from the amount available to each State for administration of State plans appropriated under section 102(d), an amount equal to the Federal share of the cost of administration of such plan. "(B) For the purpose of this paragraph, the Federal share for any fiscal year shall be 50 per centum, except that (1) for fiscal year 1978 it shall be 80 per centum and for fiscal year 1979 it shall be 60 per centum, and (2) whenever the Commissioner determines in exceptional circumstances that for the fiscal year preceding fiscal year 1978 State and local expenditures for vocational education in a State exceed ten times the Federal expenditure for vocational education in that State, and that the State has an appropriate, economic, and eiRcient State administration of the program, the Commissioner shall set the Federal share for fiscal year 1978 for that State in excess of the Federal share specified in clause (1), but not to exceed 100 per centum, "(b)(1) No payments shall be made in any fiscal year under this Act to any local educational agency or to any State unless the Commissioner finds, in the case of a local educational agency, that the combined fiscal effort per student or the aggregate expenditures of that agency and the State with respect to the provision of vocational education by that agency for the fiscal year preceding the fiscal year for which the determination was made was not less than such combined fiscal effort per student or the aggregate exiDcnditures for that purpose for the second preceding fiscal year or, in the case of a State, that the fiscal effort per student or the aggregate expenditures of that State for vocational education in that State for the fiscal year preceding the fiscal year for which the determination was made was not less than such fiscal effort per student or the aggregate expenditures for vocational education for the second preceding fiscal year. "(2) No payments shall be made in any fiscal year under this Act to any postsecondary educational institution unless the Commissioner finds that the aggregate amount or the amount per student spent by such institution from current funds for vocational education purposes for the fiscal year preceding the fiscal year for which the determination was made was not less than such amount spent by such institution from current funds for the second preceding fiscal year. uFEDERAL AND STATE EVALUATIONS

\

20 USC 2312.

"SEC. 112. (a) In order for the Federal government to assist the States in operating the best possible programs of vocational education— " (1) the Commissioner shall within four months of the receipt of a State's annual program plan and accountability report transmit to that State board an analysis of such plan and report, including suggestions for improvements in the State's programs and findings contained in any program or fiscal audits performed in that State pursuant to paragraph (2); and

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Page:United States Statutes at Large Volume 90 Part 2.djvu/719

 PUBLIC LAW 94-4«2—OCT. 12, 1976

90 STAT. 2187

"(2) the Bureau of Occupational and Adult Education shall, in at least ten States a fiscal year during the period beginning October 1, 1977, and ending September 30, 1982, conduct a review analyzing the strengths and weaknesses of the programs assisted with funds available under this Act within those States; and the Department of Health, Education, and Welfare shall, in the same period, conduct fiscal audits of such programs within those States. "(b)(1) In order for the States to assist local educational agencies and other recipients of funds in operating the best possible programs of vocational education— "(A) each State shall, during the five-year period of the State plan, evaluate the effectiveness of each program within the State being assisted with funds available under this Act; and the results of these evaluations shall be used to revise the State's programs, and shall be made readily available to the State advisory council; and "(B) each State shall evaluate, by using data collected, wherever possible, by statistically valid sampling techniques, each such program within the State which purports to impart entry level job skills according to the extent to which program completers and leavers— "(i) find employment in occupations related to their training, and "(ii) are considered by their employers to be well-trained and prepared for employment, except that in no case can pursuit of additional education or training by program completers or leavers be considered negatively in these evaluations. "(2) Each State, in formulating its plans to fulfill these requirements, shall annually consult with the State advisory council which shall assist the State in developing these plans, monitor the evaluations conducted by the State, and use the results of these evaluations in compiling its annual report required by section 105. "(c) The Commissioner shall prepare and submit annually to the Report to Congress, within nine months of the termination of each fiscal year, Congress, a report on the status of vocational education in the country during that fiscal year. This report shall include data on the information elements developed in the national vocational education data reporting and accounting system and an analysis of such data, and a summary of the findings of the reviews and audits required by paragraph (2) of subsection (a) and of the evaluations performed pursuant to paragraphs (1) and (2) of subsection (b). "Subpart 2—Basic Grant "AUTHORIZATION OF GRANTS AND USES OF FUNDS

"SEC. 120. (a) From the sums made available for grants under this 20 USC 2330. subpart pursuant to section 103, the Commissioner is authorized to make grants to States to assist them in conducting vocational education programs in accordance with the requirements of this subpart. "(b)(1) Grants to States under this subpart may be used, in accordance with five-year State plans and annual program plans approved pursuant to section 109, for the following purposes: "(A) vocational education programs; "(B) work study programs as described in section 121; "(C) cooperative vocational education programs as described in section 122;

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Page:United States Statutes at Large Volume 90 Part 2.djvu/720

 90 STAT. 2188

PUBLIC LAW 94-482—OCT. 12, 1976 "(D) energy education programs as described in section 123 j "f E) construction of area vocational education school facilities j " (F) support of full-time personnel to perform the duties described in section 104(b); "(G) the provision of stipends, subject to the restriction contained in paragraph (2), which shall not exceed reasonable amounts, as prescribed by the Commissioner pursuant to regulations, for students entering or already enrolled in vocational education programs, if those students have acute economic needs which cannot be met under work-study programs; " (H) placement services for students who have successfully completed vocational education programs, subject to the restriction contained in paragraph (2); "(1) industrial arts programs where such programs will assist in meeting the purposes of this Act; " (J) support services for women who enter programs designed to prepare individuals for employment in jobs which have oeen traditionally limited to men, including counseling as to the nature of such programs and the difficulties which may be encountered by women in such programs, and job development and job f ollowup services; " (K) day care services for children of students in secondary and postsecondary vocational education programs; " (L) vocational education for— "(i) persons who had solely been homemakers but who now, because of dissolution of marriage, must seek employment; (ii) persons who are single heads of households and who lack adequate job skills; " (iii) persons who are currently homemakers and part-time workers but who wish to secure a full-time job; and "(iv) women who are now in jobs which have been traditionally considered jobs for females and who wish to seek employment in job areas which have not been traditionally considered for job areas for females, and men who are now in jobs which have been traditionally considered jobs for males and who wish to seek employment in job areas which have not been traditionally considered job areas for males; and "(M) construction and operation of residential vocational schools as described in section 124. " (2) No funds shall be used for the purposes specified in subparagraph (G) or (H) of paragraph (1) unless the State board first makes a specific finding in each instance of funding that the funding of this particular activity is necessary due to inadequate funding in other programs providing similar activities or due to the fact that other services in the area are inadequate to meet the needs. "WORK STUDY PROGRAMS

20 USC 2331.

"SEC. 121. (a) Funds available to the States under section 120 may be used for grants to local educational agencies for work-study programs which— " (1) are administered by the local educational agencies and are made reasonably available (to the extent of available funds) to all youths in the area served by such agency who are able to meet the requirements of paragraph (2); "(2) provide that employment under such work-study programs shall be furnished only to a student who (A) has been

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Page:United States Statutes at Large Volume 90 Part 2.djvu/721

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2189

accepted for enrollment as a full-time student in a vocational education program which meets the standards prescribed by the State board and the local educational agency for vocational education programs assisted under this Act, or in the case of a student already enrolled in such a program, is in good standing and in full-time attendance, (B) is in need of the earnings from such employment to commence or continue his vocational education program, and (C) is at least fifteen years of age and less than twenty-one years of age at the commencement of his employment, and is capable, in the opinion of the appropriate school authorities, of maintaining good standing in his vocational education program while employed under the work-study program; ''(3) provide that, pursuant to regulations of the Commissioner, no student shall be employed under such work-study program for more than a reasonable number of hours in any week in which classes in which he is enrolled are in session, or for compensation which exceeds payments under comparable Federal programs, unless the student is attending a school that is not within a reasonable commuting distance from his home, when the compensation may be set by the Commissioner at a higher level; "(4) provide that employment under such work-study program shall be for the local educational agency or for some other public or nonprofit private agency or institution; and "(5) provide that, in each fiscal year during which such program remains in effect, such agency shall expend (from sources other than payments from Federal funds under this section) for the employment of its students (whether or not in employment eligible for assistance under this section) an amount that is not less than its average annual expenditure for work-study programs of a similar character during the three fiscal years preceding the fiscal year in which its work-study program under this section is approved. "(b) Each State in operating work-study programs from funds made available under section 120 shall— "(1) adopt policies and procedures which assure that Federal funds used for this purpose will be expended solely for the payment or compensation of students employed pursuant to the workstudy programs meeting the requirements of subsection (a); and "(2) set forth principles for determining the priority to be accorded applications from local educational agencies for workstudy programs, which principles shall give preference to applications submitted by local educational agencies serving communities having substantial numbers of youths who have dropped out of school or who are unemployed, and provide for underta!king such programs, insofar as financial resources available therefor make possible, in the order determined by the application of such principles. "(c) Students employed in work-study programs assisted pursuant to this section shall not by reason of such employment be deemed employees of the United States, or their service Federal service, for any reason. "COOPERATIVE VOCATIONAL EDUCATION PROGRAMS

"SEC. 122. Funds available to the States under section 120 may be 20 USC 2332. used for establishing or expanding cooperative vocational education programs through local educational agencies with the participation of

89-194 O—78—pt. 2

46

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Page:United States Statutes at Large Volume 90 Part 2.djvu/722

 90 STAT. 2190

PUBLIC LAW 94-482—OCT. 12, 1976 public and private employers. Such, programs shall include provisions assuring that— "(a) funds will be used only for developing and operating cooperative vocational programs as defined in section 195(18) which provide training opportunities that may not otherwise be available and which are designed to serve persons who can benefit from such programs; "(b) necessary procedures are established for cooperation with employment agencies, labor groups, employers, and other community agencies in identifying suitable jobs for persons who enroll in cooperative vocational education programs; "(c) provision is made, where necessary, for reimbursement of added costs to employers for on-the-job training of students enrolled in cooperative programs, provided such on-the-job training is related to existing career opportunities susceptible of promotion and advancement and which do do not displace other workers who perform such work; "(d) ancillary services and activities to assure quality in cooperative vocational education programs are provided for, such as preservice and inservice training for teacher coordinators, supervision, curriculum materials, travel of students and coordinators necessary to the success of such programs, and evaluation; "(e) priority for funding cooperative vocational education programs through local educational agencies is given to areas that have high rates of school dropouts and youth unemployment; "(f) 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; "(g) Federal funds used for the purposes of this section will not be commingled with State or local funds; and "(h) such accounting, evaluation, and followup procedures as the Commissioner deems necessary will be provided. ((ENERGY

20 USC 2333.

EDUCATION"

"SEC. 123. (a)(1) Funds available to States under section 120 may be used to make grants to postsecondary educational institutions to carry out programs for the training of miners, supervisors, technicians (particularly safety personnel), and environmentalists in the field of coal mining and coal mining technology, including acquisition of equipment necessary for the conduct of such program. "(2) Grants made under this section shall be made pursuant to applications which describe with particularity a program for the training of miners, supervisors, and technicians in the field of coal mining and coal mining technology, including provision for supplementary demonstration projects or short-term seminars, which program may include such curriculums as (A) the extraction, preparation, and transportation of coal, (B) the reclamation of coal mined land, (C) the strengthening of health and safety programs for coal mine employees, (D) the disposal of coal mine wastes, and (E) the chemical and physical analysis of coal and materials, such as water and soil, that are involved in the coal mining process. "(b) Funds available under section 120 may also be used to make grants to postsecondary educational institutions to carry out programs for the training of individuals needed for the installation of solar

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Page:United States Statutes at Large Volume 90 Part 2.djvu/723

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2191

energy equipment, including training necessary for the installation of glass paneled solar collectors and of wind energy generators, and for the installation of other related applications of solar energy. "RESIDENTIAL VOCATIONAL SCHOOLS

"SEC. 124. (a) Funds available to the States under section 120 20 USC 2334. may be used for the construction, equipment, and operation of residential schools to provide vocational education (including room, board, and other necessities) for youths, at least fifteen years of age and less than twenty-one years of age at the time of enrollment, who need full-time study on a residential basis in order to benefit fully from such education. In using funds available under section 120 for this purpose, the States shall give special consideration to the needs of large urban areas and isolated rural areas having substantial numbers of youths who have dropped out of school or who are unemployed. "(b) No funds made available under section 120 may be used for the purposes of this section for residential vocational schools to which juveniles are assigned as the result of their delinquent conduct or in which the students are segregated because of race. "Subpart 3—Program Improvement and Supportive Services "AUTHORIZATION or GRANTS AND USES OF FUNDS

"SEC. 130. (a) From the sums made available for grants under this 20 USC 2350. subpart pursuant to section 103 the Commissioner is authorized to make grants to States to assist them in improving their vocational education programs and in providing supportive services for such programs in accordance with the provisions of this subpart. "(b) Grants to States under this subpart may be used, in accordance with five-year State plans, and annual program plans approved pursuant to section 109, for the following purposes: " (1) research programs as described in section 131; "(2) exemplary and innovative programs as described in section 132; ^ "(3) curriculum development programs as described in section 133; " (4) provision of guidance and counseling services, programs, and activities as described in section 134; " (5) provision of pre-service and in-service training as described in section 135; and "(6) grants to overcome sex bias as described in section 136. "RESEARCH

"SEC. 131. (a) Funds available to the States under section 130(a) 20 USC 2351. may be used for support of State research coordination units and for contracts by those units pursuant to comprehensive plans of program improvement involving— " j l) applied research and development in vocational education; "(2) experimental, developmental, and pilot programs and projects designed to test the effectiveness of research findings, including programs and projects to overcome problems of sex bias and sex stereotyping; "(3) improved curriculum materials for presently funded programs in vocational education and new curriculum materials for

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Page:United States Statutes at Large Volume 90 Part 2.djvu/724

 90 STAT. 2192

PUBLIC LAW 94-482—OCT. 12, 1976 new and emerging job fields, including a review and revision of any curricula developed under this section to insure that such curricula do not reflect stereotypes based on sex, race, or national origin; "(4) projects in the development of new careers and occupations, such as— " (A) research and experimental projects designed to identify new careers in such fields as mental and physical health, crime prevention and correction, welfare, education, municipal services, child care, and recreation, requiring less training than professional positions, and to delineate within such career roles with the potential for advancement from one level to another; "(B) training and development projects designed to demonstrate improved methods of securing the involvement, cooperation, and commitment of both the public and private sectors toward the end of achieving greater coordination and more effective implementation of programs for the employment of persons in the fields described in subparagraph (A), including programs to prepare professionals (including administrators) to work effectively with aides; and "(C) projects to evaluate the operation of programs for the training, development, and utilization of public service aides, particularly their effectiveness in providing satisfactory work experiences and in meeting public needs; and "(5) dissemination of the results of the contracts made pursuant to paragraphs (1) through (4), including employment of persons to act as disseminators, on a local level, of these results. "(b) No contract shall be made pursuant to subsection (a) unless the applicant can demonstrate a reasonable probability that the contract will result in improved teaching techniques or curriculum materials that will be used in a substantial number of classrooms or other learning situations within five years after the termination date of such contract. a EXEMPLARY AND INNOVATIVE PROGRAMS

20 USC 2352.

"SEC. 132. (a) Funds available to the States under section 130(a) may be used for contracts, as part of the comprehensive plans of program improvement mentioned in section 131(a), for the support of exemplary and innovative programs, including— "(1) programs designed to develop high quality vocational education programs for urban centers with high concentrations of economically disadvantaged individuals, unskilled workers, and unemployed individuals; "(2) programs designed to develop training opportunities for persons in sparsely populated rural areas and for individuals migrating from farms to urban areas; " (3) programs of effective vocational education for individuals with limited English-speaking ability; "(4) establishment of cooperative arrangements between public education and manpower agencies, designed to correlate vocational education opportunities with current and projected needs of the labor market; and

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 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2193

"(5) programs designed to broaden occupational aspirations and opportunities for youth, with special emphasis given to youth who have academic, socioeconomic, or other handicaps, including— "(A) programs and projects designed to familiarize elementary and secondary school students with the broad range of occupations for which special skills are required, and the requisites for careers in such occupations; and "(B) programs and projects to facilitate the participation of employers and labor organizations in postsecondary vocational education. "(b) Every contract made by a State for the purpose of funding exemplary and innovative projects shall give priority to programs and projects designed to reduce sex stereotyping in vocational education and shall, 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, provide for the participation of such students; and such contract shall also provide that the Federal funds will not be commingled with State or local funds. "(c) The annual program plan and accountability report covering the final year of financial support by the State for any such program or project shall indicate the proposed disposition of the program or project following the cessation of Federal support and the means by which successful or promising programs or projects will be continued and expanded within the State. uCURRICULUM DEVELOPMENT

"SEC. 133. (a) Funds available to the States under section 130(a) 20 USC 2353. may be used for contracts for the support of curriculum development projects, including— "(1) the development and dissemination of vocational education curriculum materials for new and changing occupational fields and for individuals with special needs, as described in section 110; and "(2) the development of curriculum and guidance and testing materials designed to overcome sex bias in vocational education programs, and support services designed to enable teachers to meet the needs of individuals enrolled in vocational education programs traditionally limited to members of the opposite sex, "(b) No contract shall be made pursuant to subsection (a) unless the applicant can demonstrate a reasonable probability that the contract will result in improved teaching techniques or curriculum materials that will be used in a substantial number of classrooms or other learning situations within five years after the termination date of such contract. VOCATIONAL ((.

GUIDANCE AND COUNSELING

"SEC. 134. (a) Not less than 20 per centum of the funds available 20 USC 2354. to the States under section 130(a) shall be used to support programs for vocational development guidance and counseling programs and services which, subject to the provisions of subsection (b), shall include— "(1) initiation, implementation, and improvement of high quality vocational guidance and counseling programs and activities:

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Page:United States Statutes at Large Volume 90 Part 2.djvu/726

 90 STAT. 2194

PUBLIC LAW 94-482—OCT. 12, 1976 "(2) vocational counseling for children, youth, and adults, leading to a greater understanding of educational and vocational options; "(3) provision of educational and job placement services, including programs to prepare individuals for professional occupations or occupations requiring a baccalaureate or higher degree, including followup services; "(4^ vocational guidance and counseling training designed to acquaint guidance counselors with (A) the changing work patterns of women, (B) ways of effectively overcoming occupational sex stereotyping, and (C) ways of assisting girls and women in selecting careers solely on their occupational needs and interests, and to develop improved career counseling materials which are free; "(5) vocational and educational counseling for youth offenders and adults in correctional institutions; "(6) vocational guidance and counseling for persons of limited English-speaking ability; "(7) establishment of vocational resource centers to meet the special needs of out-of-school individuals, including individuals seeking second careers, individuals entering the job market late in life, handicapped individuals, individuals from economically depressed communities or areas, and early retirees; and "(8) leadership for vocational guidance and exploration programs at the local level. "(b) Each State which chooses to fund activities described in paragraph (1) or (2) of subsection (a) of this section shall use those funds, insofar as is practicable, for funding programs, services, or activities by eligible recipients which bring individuals with experience in business and industry, the professions, and other occupational pursuits into schools as counselors or advisors for students, and which bring students into the work establishments of business and industry, the professions, and other occupational pursuits for the purpose of acquainting students with the nature of the work that is accomplished therein, and for funding projects of such recipients in which guidance counselors obtain experience in business and industry, the professions, and other occupational pursuits which will better enable those counselors to carry out their guidance and counseling duties. "VOCATIONAL EDUCATION PERSONNEL TRAINING

20 USC 2355.

"SEC. 135. (a) Funds available to the States under section 130(a) may be used to support programs or projects designed to improve the qualifications of persons serving or preparing to serve in vocational education programs, including teachers, administrators, supervisors, and vocational guidance and counseling personnel, including programs or projects— "(1) to train or retrain teachers, and supervisors and trainers of teachers, in vocational education in new and emerging occupations; " (2) which provide in-service training for vocational education teachers and other staff members, to improve the quality of instruction, supervision, and administration of vocational education programs, and to overcome sex bias in vocational education programs; "(3) which provide for exchange of vocational education teachers and other personnel with skilled workers or supervisors in business, industry, and agriculture (including mutual arrange-

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 PUBLIC LAW 94-4«2—OCT. 12, 1976

90 STAT. 2195

ments for preserving employment and retirement status and other employment benefits during the period of exchange), and the development and operation of cooperative programs involving periods of teaching in schools providing vocational education and of experience in commercial, industrial, or other public or private employment related to the subject matter taught in such school; " (4) to prepare journeymen in the skilled trades or occupations for teaching positions; " (5) to train and to provide in-service training for teachers and supervisors and trainers of teachers in vocational education to improve the quality of instruction, supervision, and administration of vocational education for persons with limited Englishspeaking ability and to train or retrain counseling and guidance personnel to meet the special needs of persons with limited English-speaking ability; and "(6) which provide short-term or regular-session institutes designed to improve the qualifications of persons entering or reentering the field of vocational education in new and emerging occupational areas in which there is a need for such personnel. "(b) A State may include in the terms of any grant or contract under this section provisions authorizing the payment, to persons participating in the training programs supported under this section, of such stipends (including allowances for subsistence and other expenses for such persons and their dependents) as the Commissioner may determine, pursuant to regulations, consistent with prevailing practices under comparable programs. uGRANTS TO ASSIST I N OVERCOMING SEX BIAS

"SEC. 136. Funds available to the States under section 130(a) may 20 USC 2356. be used to support activities which show promise of overcoming sex stereotyping and bias in vocational education. "Subpart 4—Special Programs for the Disadvantaged "SPECIAL PROGRAMS FOR THE DISADVANTAGED

"SEC. 140. (a) From the sums made available for grants under 20 USC 2370. 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 nonprofit private schools will not be commingled with State or local funds.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/728

 90 STAT. 2196

PUBLIC LAW 94-482—OCT. 12, 1976 "Subpart 5—Consumer and Homemaking Education "CONSUMER AND HOMEMAKING EDUCATION

20 USC 2380.

"SEC. 150. (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 consumer and homemaking education programs. "(b) Grants to States under this subpart may be used, in accordance with five-year State plans and annual program plans approved pursuant to section 109, solely for (1) educational programs m consumer and homemaking education consisting of instructional programs, services, and activities at all educational levals for the occupations of homemaking including but not limited to, consumer education, food and nutrition, family living and parenthood education, child development and guidance, housing and home management (including resource management), and clothing and textiles which (A) encourage participation of both males and females to prepare for combining the roles of homemakers and wage earners; (B) encourage elimination of sex stereotyping in consumer and homemaking education by promoting the development of curriculum materials which deal (i) with increased numbers of women working outside the home, and increased numbers of men assuming homemaking responsibilities and the changing career patterns for women and men and (ii) with appropriate Federal and State laws relating to equal opportunity in education and employment; (C) give greater consideration to economic, social, and cultural conditions and needs especially in economically depressed areas and such courses may include where appropriate bilingual instruction; (D) encourage outreach programs in communities for youth and adults giving considerations to special needs such as, but not limited to, aged, young children, school-age parents, single parents, handicapped persons, educationally disadvantaged persons, and programs connected with health care delivery systems, and programs providing services for courts and correctional institutions; (E) prepare males and females who have entered or are preparing to enter the work of the home; (F) emphasize consumer education, management of resources, promotion of nutritional knowledge and food use, and parenthood education to meet the current societal needs, and (2) ancillary services, activities and other means of assuring quality in all homemaking education programs such as teacher training and supervision, curriculum development, research, program evaluation, special demonstration, and experimental programs, development of instructional materials, exemplary projects, provision of equipment, and State administration and leadership. "(c) Notwithstanding the provisions contained in section 111(a), from a State's allotment determined under section 103 for any fiscal year from the funds appropriated pursuant to section 102(c), the Commissioner shall pay to such State an amount equal to 50 per centum of the amount expended for the purposes set forth in subsection (b), except that the Commissioner shall pay an amount to each State equal to 90 per centum of the amount used in areas described in subsection (d). "(d) At least one-third of the Federal funds made available under this section to each State shall be used in economically depressed areas or areas with high rates of unemployment for programs designed to assist consumers and to help improve home environments and the quality of family life.

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 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2197

"PART B—NATIONAL PROGRAMS

"Subpart 1—General Provisions a FEDERAL ADMINISTRATION

"SEC. 160. (a) There is established in the United States Office of Education a Bureau of Occupational and Adult Education (hereinafter in this Act referred to as the 'Bureau'), which shall be responsible for (1) the administration of all the programs authorized by this Act and the Adult Education Act, (2) functions of the Office of Education relating to manpower training and development, (3) functions of that Office relating to postsecondary vocational, technical, and occupational training funded under this Act, (4) the administration of any other Act of Congress vesting authority in the Commissioner for vocational, occupational, and adult education, and (5) the administration of those portions of any Act of Congress relating to career education which are relevant to the purposes of other Acts of Congress administered by the Bureau. "(b)(1) The Bureau shall be headed by a person (appointed or designated by the Commissioner) who is highly qualified in the fields of vocational, technical, and occupational education, who is accorded the rank of Deputy Commissioner, and who shall be compensated at the rate specified for grade 18 of the General Schedule set forth in section 5332 of title 5, United States Code. "(2) Additional positions are created for, and shall be assigned to, the Bureau as follows: "(A) three positions to be placed in grade 17 of such General Schedule, one of which shall be filled by a person with broad experience in the field of junior and community college education, "(B) seven positions to be placed in grade 16 of such General Schedule, at least two of which shall be filled by persons with broad experience in the field of postsecondary-occupational education in community and junior colleges, at least one of which shall be filled by a person with broad experience in education in private proprietary institutions, and at least one of which shall be filled by a person with professional experience in occupational guidance and counseling, and "(C) three positions which shall be filled by persons at least one of whom is a skilled worker in a recognized occupation, another is a subprofessional technician in one of the branches of engineering, and the other is a subprofessional worker in one of the branches of social or medical services, who shall serve as senior advisers in the administration of the programs in the Bureau. "(3) The Commissioner shall assign to the Bureau, by the end of fiscal year 1978, at least 50 per centum more persons to directly administer the programs authorized under this Act than were assigned to directly administer this Act during fiscal year 1976.

20 USC 2390.

20 USC 1201 note-

5 USC 5332 note

" V O C A T I O N A L E D U C A T I O N D A T A A N D OCCUPATIONAL INFORMATION DATA SYSTEMS

"SEC. 161. (a)(1) The Commissioner and the Administrator of the 20 USC 2391. National Center for Education Statistics shall, by September 30, 1977, jointly develop information elements and uniform definitions for a national vocational education data reporting and accounting system.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/730

 90 STAT. 2198

29 USC 801 note.

National Occupational Information Coordinating Committee. Establishment.

PUBLIC LAW 94-482—OCT. 12, 1976

This system shall include information resulting from the evaluations required to be conducted by section 112 (as such section will be in effect on October 1, 1977) and other information on vocational— "(A) students (including information on their race and sex), "(B) programs, "(C) program completers and leavers, "(D) staff, " (E) facilities, and " (F) expenditures. "(2) In developing this system, the Commissioner and the Administrator shall endeavor as much as possible to make the system compatible with the occupational information data system developed pursuant to subsection (b) and other information systems involving data on programs assisted under the Comprehensive Employment and Training Act of 1973. "(3)(A) After the completion of the development of these information elements and uniform definitions pursuant to paragraph (1), the Administrator shall immediately begin to design, implement,, and operate this information system which shall be in full operation for the fiscal year beginning October 1, 1977. "(B) Any State receiving assistance under this Act shall cooperate with the Administrator in supplying the information required to be submitted by the Administrator and shall comply in its reports with the information elements and definitions developed jointly by the Administrator and the Commissioner pursuant to paragraph (1). Each State shall submit this data to the Administrator in whatever form he requires; and, whenever possible, this reporting shall include reporting of data by labor market areas within the State. "(4) The Administrator shall have the responsibility for updating this national vocational education information and accounting system and for preparing annual acquisition plans of data for operating this system. These plans shall be submitted to the Commissioner for his review and comment. "(b)(1) There is hereby established a National Occupational Information Coordinating Committee which shall consist of the Commissioner, the Administrator, the Commissioner of Labor Statistics, and the Assistant Secretary for Employment and Training. This Committee, with funds available to it under section 103(a) (as such section will be in effect on October 1, 1977), shall— "(A) in the use of program data and employment data, improve coordination between, and communication among, administrators and planners of programs authorized by this Act and by the Comprehensive Employment and Training Act of 1973, employment security agency administrators, research personnel, and employment and training planning and administering agencies at the Federal, State, and local levels; "(B) develop and implement, by September 30, 1977, an occupational information system to meet the common occupational information needs of vocational education programs and employment and training programs at the national. State, and local levels, which system shall include data on occupational demand and supply based on uniform definitions, standardized estimating procedures, and standardized occupational classifications; and "(C) assist State occupational information coordinating committees established pursuant to paragraph (2). "(2) By September 30, 1977, each State receiving assistance under this Act and under the Comprehensive Employment and Training

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