text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/66

 98 STAT. 2438

Post, p. 2458.

Post, p. 2459.

Post, p. 2450.

Post, p. 2462.

Post, p. 2463.

Post, p. 2443.

Post, p. 2477.

Post, pp. 2466, 2477.

PUBLIC LAW 98-524—OCT. 19, 1984

relating to State assistance for vocational education support programs by community-based organizations. "(2) There are authorized to be appropriated $32,000,000 for the fiscal year 1985 and such sums as may be necessary for each of the fiscal years 1986 through 1989 to carry out part B of title III relating to consumer and homemaking education. "(3)(A) There are authorized to be appropriated $35,000,000 for the fiscal year 1985 and such sums as may be necessary for each of the fiscal years 1986 through 1989 to carry out part C of title III, relating to adult training, retraining, and employment development. "(B) Of the amount appropriated in each fiscal year pursuant to subparagraph (A) 50 percent shall be available in each fiscal year for the purpc^e described in section 201(b)(4), except that the amount made available by this subparagraph for fiscal years 1986 through 1989 shall not exceed $30,000,000 in any fiscal year. "(4) There are authorized to be appropriated $1,000,000 for the fiscal year 1985 and such sums as may be necessary for each of the fiscal years 1986 through 1989 to carry out part D of title III, relating to career guidance and counseling. "(5) There are authorized to be appropriated $20,000,000 for the fiscal year 1985 and such sums as may be necessary for fiscal years 1986 through 1989 to carry out part E of title III, relating to industry-education partnerships for training in high-technology occupations. "(c) There are authorized to be appropriated $8,000,000 for the fiscal year 1985 and such sums as may be necessary for each of the fiscal years 1986 through 1989 for section 112 of title I, relating to State councils on vocational education. "(d) There are authorized to be appropriated $3,700,000 for the fiscal year 1985 and such sums as may be necessary for the fiscal years 1986 through 1989 to carry out part E of title IV, relating to bilingual vocational training programs. "(e) From the funds appropriated pursuant to subsection (a) for each fiscal year, 2 percent shall be available to carry out the provisions of title IV (other than part E), relating to national progr£uns. "TITLE I—VOCATIONAL EDUCATION ASSISTANCE TO THE STATES "PART A—ALLOTMENT AND ALLOCATION "ALLOTMENT

20 USC 2311. Ante, p. 2437. Post, p. 2466. Post, p. 2477. Post, p. 2440.

Ante, p. 2437.

"SEC. 101. (a)(1) From the sums appropriated pursuant to section 3(a), the Secretary shall reserve— "(A) 2 percent for the activities described in title IV (other than part E); and "(B) IVz percent for the purpose of carrying out section 103 of which (i) 1 Vi percent shall be for the purposes of section 103(b) and (ii) Vi percent shall be for the purposes of section 103(c). "(2) Subject to the provisions of paragraph (3), from the remainder of the sums appropriated pursuant to sections 3(a) and 3(b), the Secretary shall allot to each State for each fiscal year— "(A) an amount which bears the same ratio to 50 percent of the sums being allotted as the product of the population aged fifteen to nineteen inclusive, in the State in the fiscal year

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/67

 PUBLIC LAW 98-524—OCT. 19, 1984

98 STAT. 2439

preceding the fiscal year for which the determinatioil 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 percent 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 percent 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 percent of the sums being allotted as the amounts allotted to the State under clauses (A), (B), and (C) for such years bears to the sum of the amounts allotted to all the States under clauses (A), (B), and (C) for such year. "(3)(A) No State shall receive in any fiscal year less than the total amount of payments made to the State under allotments determined under the Vocational Education Act of 1963 for fiscal year 1984. Any amounts necessary for increasing the sum of the allotments of certain States to comply with the preceding sentence shall be obtained by ratably reducing the sums of the allotments of the other States, but no such sum shall be thereby reduced to an amount which is less than the total amount of payments made to the State under allotments determined under that Act for fiscal year 1984. "(B) In any fiscal year in which the amounts appropriated and available for allotments under this section exceeds the amounts so available for fiscal year 1984, and subject to the application of subparagraph (A), no State shall receive less than one-half of one percent of the amount available under this subsection for each such fiscal year except that in the case of the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands the minimum allotment shall be $200,000. "(C) No State shall, by reason of the application of the provisions of subparagraph (B) of this paragraph, be allotted more than 150 percent of the allotment of that State in the fiscal year preceding the fiscal year for which the determination is made. "(D) For the purpose of this paragraph, the term 'State' does not include the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. "(b) If the Secretary determines that any amount of any State's allotment under subsection (a) for any fiscal year will not be required for such fiscal year for carrying out the program for which such amount has been allotted, the Secretary shall make such amount available for reallotment. Any such reallotment among other States shall occur on such dates during the same year as the Secretary shall fix, and shall be made on the basis of criteria established by regulation. No funds may be reallotted for any use other than the use for which they were appropriated. Any amount reallotted to a State under this subsection for any fiscal year shall remain available for obligation during the succeeding fiscal year

20 USC 2301 note.

Regulation Prohibition.

�

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


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/68

 98 STAT. 2440

PUBLIC LAW 98-524—OCT. 19, 1984

and shall be deemed to be part of its allotment foi the year in which it is obligated. "(c)(l) 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, the Northern Mariana 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, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands shall be 0.60. "(2) The allotment ratios shall be promulgated by the Secretary 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 Secretary on the basis of the latest estimates available to the Department. "WITHIN STATE ALLOCATION

20 USC 2312. Post, p. 2450. Post, p. 2455. Post, p. 2445. Post, p. 2441.

"SEC. 102. (a) Each State shall allocate from its allotment in each fiscal year— "(1) 57 percent for activities described in part A of title II, and "(2) 43 percent for activities described in part B of title II. "(b) Each State, from the portion of its allotment available for statewide activities under section 113(b), shall allocate not to exceed 7 percent of the allotment of the State for administrative expenses or if the cost of carrying out the provision of section 111(b)(1) exceeds 1 percent of the allotment, the limitation under this subsection shall be 7 percent plus the excess costs. "INDIAN AND HAWAIIAN NATIVES PROGRAMS

20 USC 2313.

contracts with U.S. Ante, p. 2438.

"SEC. 103. (a)(1) For the purpose of this section— "(A) the term 'Act of April 16, 1934' means the Act entitled 'An Act authorizing the Secretary of the Interior to arrange with States or territories for the education, medical attention, relief of distress, and social welfare of Indians, and for other purposes', enacted April 16, 1934 (48 Stat. 596; 25 U.S.C. 452457); and "(B) the term 'Hawaiian native' means any individual any of whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii. "(2) From the funds reserved pursuant to section 101(a)(1)(B), the Secretary shall enter into contracts for Indian and Hawaiian native programs in accordance with the provisions of this section. "(b)(1) From the funds reserved pursuant to section 101(a)(l)(B)(i), the Secretary is directed, upon the request of any Indian tribe which

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/69

 PUBLIC LAW 98-524—OCT. 19, 1984

98 STAT. 2441

is eligible to contract 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 grants 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 grants or 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 section 101(a)(l)(B) and available for this subsection, the Secretary is authorized to enter into an agreement with the Assistant Secretary of the Interior for Indian Affairs for the operation of vocational education programs authorized by this Act in institutions serving Indians eligible to receive educational benefits as Indians from the Bureau of Indian Affairs, and the Secretary of the Interior is authorized to receive the funds for the purposes described in this paragraph. "(2) The Bureau of Indian Affairs shall expend an amount equal to the amount made available under this subsection, relating to programs for Indians, to pay a part of the costs of programs funded under this subsection. During each fiscal year the Bureau of Indian Affairs shall expend no less than the amount expended during the prior fiscal year on vocational education programs, services, and activities administered either directly by, or under contract with, the Bureau of Indian Affairs. The Secretary and the Assistant Secretary of the Interior for Indian Affairs shall jointly prepare a plan for the expenditure of funds made available and for the evaluation of programs assisted under this subsection. Upon the completion of a joint plan for the expenditure of these funds and the evaluation of the programs, the Secretary shall assume responsibility for the administration of the program, with the assistance and consultation of the Bureau of Indian Affairs. "(3) Programs funded under this subsection shall be in addition to such other programs, services, and activities as are made available to eligible Indians under other provisions of this Act. "(4) 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. "(c) From the funds reserved pursuant to section lOl(a)(l)(B)(ii), the Secretary is directed, to enter into contracts with organizations primarily serving and representing Hawaiian natives which are recognized by the Governor of the State of Hawaii to plan, conduct, and administer programs, or portions thereof, which are authorized by and consistent with the provisions of this section for the benefit of Hawaiian natives.

25 USC 450 note. 25 USC 452-457.

25 USC 450f. 25 USC 455-457. Ante, p. 2438.

Ante, p. 2435.

Ante, p. 2438.

"PART B—STATE ORGANIZATIONAL AND PLANNING RESPONSIBIUTIES "STATE ADMINISTRATION

"SEC. 111. (a)(1) Any State desiring to participate in the vocational 20 USC 2321. education program authorized by this Act shall, consistent with State law, designate or establish a State board of vocational education which shall be the sole State agency responsible for the admin-

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/70

 98 STAT. 2442

Ante p. 2435 Post, p. 2445. Post, p. 2449. Post, p. 2443.

Women.

Post, p. 2450.

PUBLIC LAW 98-524—OCT. 19, 1984

istration or the supervision of the State vocational education program. The responsibihties of the State board shall include— "(A) coordination of the development, submission, and implementation of the State plan, and the evaluation of the program. services, and activities assisted under this Act pursuant to section 113(b)(9); and "(B) the development, in consultation with the State council on vocational education, and the submission to the Secretary, of the State plan required by section 113 and by section 114; "(C) consultation with the State council established pursuant to section 112, and other appropriate agencies, groups, and individuals involved in the planning, administration, evaluation, and coordination of programs funded under this Act; "(D) convening and meeting as a State board (consistent with State law and procedure for the conduct of such meetings) at such time as the State board determines necessary to carry out its functions under this Act, but not less than four times annually; and "(E) the adoption of such procedures as the State board considers necessary to implement State level coordination with the State job training coordinating council to encourage cooperation in the conduct of their respective programs. Except with respect to the 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 shall include a description of any delegation of its functions under paragraph (1) in its State plan, or amendments to such plan, submitted to the Secretary. "(b)(1) Any State desiring to participate in the programs authorized by this Act shall assign one individual within the appropriate agency established or designated by the State board under the last sentence of subsection (a)(1) to administer vocational education programs within the State, to work full time to assist the State board to fulfill the purposes of this Act by— "(A) administering the program of vocational education for single parents and homemakers described in section 201(f) and the sex equity program described in section 201(g); "(B) gathering, analyzing, and disseminating data on the adequacy and effectiveness of vocational education programs in the State in meeting the education and employment needs of women (including preparation for employment in technical occupations, new and emerging occupational fields, and occupations regarded as nontraditional for women), and on the status of men and women students and employees in such programs; "(C) reviewing vocational education programs (including career guidance and counseling) for sex stereotyping and sex bias, with particular attention to practices which tend to inhibit the entry of women in high technology occupations, and submitting (i) recommendations for inclusion in the State plan of programs and policies to overcome sex bias and sex stereotyping in such programs, and (ii) an assessment of the State's progress in meeting the purposes of this Act with regard to overcoming sex discrimination and sex stereotyping; "(D) reviewing proposed actions on grants, contracts, and the policies of the State board to ensure that the needs of women are addressed in the administration of this Act;

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/71

 PUBLIC LAW 98-524—OCT. 19, 1984

98 STAT. 2443

"(E) developing recommendations for programs of information and outreach to women concerning vocational education and employment opportunities for women (including opportunities for careers as technicians and skilled workers in technical fields and new and emerging occupational fields); "(F) providing technical assistance and advice to local educational agencies, postsecondary institutions, and other interested parties in the State, in expanding vocational opportunities for women; and "(G) assisting administrators, instructors, and counselors in implementing programs and activities to increase access for women (including displaced homemakers and single heads of households) to vocational education and to increase male and female students' enrollment in nontraditional programs. "(2) For the purpose of this subsection, the term 'State' means any one of the fifty States and the District of Columbia. "(3) Each State shall expend not less than $60,000 in each fiscal year to carry out the provisions of this subsection. "(c) The State board shall make available to each private industry council established under section 102 of the Job Training Partnership Act within the State a listing of all programs assisted under 29 USC 1512. this Act.

^«*«' P- 2435.

"(d) Each State board, in consultation with the State council, shall establish a limited number of technical committees to advise the council and the board on the development of model curricula to address State labor market needs. Technical committees shall develop an inventory of skills that may be used by the State board to define state-of-the-art model curricula. Such inventory will provide the type and level of knowledge and skills needed for entry, retention, and advancement in occupational areas taught in the State. The State board shall establish procedures for membership, operation, and duration of such committees consistent with the purposes of this Act. The membership shall be representatives of (1) employers from any relevant industry or occupation for which the committee is established; (2) trade or professional organizations representing any relevant occupations; and (3) organized labor, where appropriate. "(e) The imposition of any State rule or policy relating to the administration and operation of programs funded by this Act (including any rule or policy based on State interpretation of any Federal law, regulation, or guideline) shall be identified as a State imposed requirement. "STATE COUNCIL ON VOCATIONAL EDUCATION

"SEC. 112. (a) Each State which desires to participate in vocational Establishment. education programs authorized by this Act for any fiscal year shall 20 USC 2322. establish a State 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. Each State council shall be composed of 13 individuals, and shall be broadly representative of citizens and groups within the State having an interest in vocational education. Each State council shall consist of— "(1) seven individuals who are representative of the private sector in the State who shall constitute a majority of the membership—

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/72

 98 STAT. 2444

29 USC 1532.

29 USC 1501 note. Post, p. 2445.

PUBLIC LAW 98-524—OCT. 19, 1984

"(A) five of whom shall be representative of business, industry, and agriculture including— ' (i) one member who is representative of small business concerns; and "(ii) one member who is a private sector member of the State job training coordinating council (established pursuant to section 122 of the Job Training Partnership Act), and "(B) two of whom shall be representatives of labor organizations; "(2) six individuals who are representative of secondary and postsecondary vocational institutions (equitably distributed among such institutions), career guidance and counseling organizations within the State, individuals who have special knowledge and qualifications with respect to the special educational and career development needs of special populations (including women, the disadvantaged, the handicapped, individuals with limited English proficiency, and minorities) and of whom one member shall be representative of special education. In selecting individuals under subsection (a) to serve on the State council, due consideration shall be given to the appointment of individuals who serve on a private industry council under the Job Training Partnership Act, or on State councils established under other related Federal Acts. "(b) The State shall certify the establishment and membership of the State council at least 90 days prior to the beginning of each planning period described in section 113(a)(1). "(c) Each State council shall meet as soon as practical after certification has been accepted by the Secretary and shall select from among its membership a chairperson who shall be representative of the private sector. 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 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) Each State council shall— "(1) meet with the State board or its representatives during the planning year to advise on the development of the State plan; "(2) advise the State board and make reports to the Governor, the business community, and general public of the State, concerning— "(A) policies the State should pursue to strengthen vocational education (with particular attention to programs for the handicapped); and "(B) initiatives and methods the private sector could undertake to assist in the modernization of vocational education programs; "(3) analyze and report on the distribution of spending for vocational education in the State and on the availability of vocational education activities and services within the State; "(4) furnish consultation to the State board on the establishment of evaluation criteria for vocational education programs within the State; "(5) submit recommendations to the State board on the conduct of vocational education programs conducted in the State

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/73

 PUBLIC LAW 98-524—OCT. 19, 1984

98 STAT. 2445

which emphasize the use of business concerns and labor organizations; "(6) assess the distribution of financial assistance furnished under this Act, particularly with the analysis of the distribution Ante, p. 2435. of financial assistance between secondary vocational education programs and postsecondary vocational education programs; "(7) recommend procedures to the State board to ensure and enhance the participation of the public in the provision of vocational education at the local level within the State, particularly the participation of local employers and local labor organizations; "(8) report to the State board on the extent to which the individuals described in section 201(b) are provided with equal Post, p. 2450. access to quality vocational education programs; and "(9)(A) evaluate at least once every two years (i) the vocational education program delivery systems assisted under this Act, and under the Job Training Partnership Act, in terms of 29 USC 1501 their adequacy and effectiveness in achieving the purposes of note. each of the two Acts and (ii) make recommendations to the State board on the adequacy and effectiveness of the coordination that takes place between vocational education and the Job Training Partnership Act and (B) advise the Governor, the State board, the State job training coordinating council, the Secretary, and the Secretary of Labor of these findings and recommendations. "(e) Each State council is authorized to obtain the services of such Contracts with professional, technical, and clerical, personnel as may be necessary U.S. to enable it to carry out its functions under this Act and to contract for such services as may be necessary to enable the Council to carry out its evaluation functions, independent of programmatic and administrative control by other State boards, agencies, and individuals. "(f)(1)(A) From the amounts appropriated pursuant to section 3(c) Grants. the Secretary shall make grants to State councils from amounts ^"^«' P- 2437. allotted to State councils in accordance with the method for allotment contained in section 101(a)(2), without regard to paragraph (3), Ante, p. 2438. except that no State council shall be allotted less than $120,000 nor more than $225,000 for each fiscal year. "(B) For the purpose of subparagraph (A), the term 'State' shall not include the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. "(2) The expenditure of the funds paid pursuant to this subsection is to be determined solely by the State 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 State 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. "STATE PLANS

"SEC. 113. (a)(1)(A) Any State desiring to receive funds from its 20 USC 2328. allotment for any fiscal year shall submit to the Secretary a State plan for a three-year period in the case of the initial plan and a 2-year period thereafter, together with such annual revisions as the State board determines to be necessary.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/74

 98 STAT. 2446

29 USC 1514. Ante, p. 2443.

Post, p. 2450.

Ante, p. 2435.

Ante, p. 2438; post, pp. 2450, 2457, 2479. Post, p. 2454.

PUBLIC LAW 98-524—OCT. 19, 1984

"(B) The planning periods required by paragraph (1) of this subsection shall be coterminous with the planning program periods required under section 104(a) of the Job Training Partnership Act. "(2)(A) In formulating the State plan (and amendments thereto) the State board shall meet with and utilize the State council, established pursuant to section 112 of this Act. "(B) The State board shall conduct public hearings in the State, after appropriate and sufficient notice, for the purpose of affording all segments of the public and interested organizations and groups an opportunity to present their views and make recommendations regarding the State plan. A summary of such recommendations and the State board's response shall be included with the State plan. "(3) In developing the State plan, the State shall— "(A) assess the current and projected occupational needs and the current and projected demand for general occupational skills within the State; "(B) examine the needs of students, including adults, in order to determine how best to improve student skill levels in light of the State's occupational and skill requirements; "(C) assess the special needs of groups of individuals specified in section 201(b) for access to vocational education and vocational services in terms of labor market needs; "(D) assess the quality of vocational education in terms of— "(i) the pertinence of programs to the workplace and to new and emerging technologies, "(ii) the responsiveness of programs to the current and projected occupational needs in the State, "(iii) the capacity of programs to facilitate entry into, and participation in, vocational education and to ease the school-to-work and secondary-to-postsecondary transition, "(iv) the technological and educational quality of vocational curricula, equipment, and instructional materials to enable vocational students and instructors to meet the challenges of increased technological demands of the workplace; and "(v) the capability of vocational education programs to meet the needs for general occupational skills and improvement of academic foundations in order to address the changing content of jobs; "(E) determine the capacity of local educational agencies, with respect to secondary education and postsecondary educational institutions, to deliver the vocational education services necessary to meet the needs identified through the assessments required by clauses (A) through (D) of this paragraph; and "(F) determine, for each fiscal year, how the services and activities supported by funds furnished under this Act may be expected to assist the State in meeting the needs identified through the assessments required by clauses (A) through (D) of this paragraph. "(b) Each such plan shall— "(1) provide assurances that, and where necessary a description of the manner in which, the State board will comply with the requirements of titles I, II, III, and V of this Act, including— ^'(A) a description of the manner in which the State will comply with the criteria required for programs for the handicapped and for the disadvantaged prescribed by section 204;

�


text: Author:Rebecca Davis Rickoff

title: Author:Rebecca Davis Rickoff


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/75

 PUBLIC LAW 98-524—OCT. 19, 1984

98 STAT. 2447

"(B) assurances that the State will comply with the distribution of assistance requirements contained in section 203; Post, p. 2453. and "(C) assurances that, to the extent consistent with the number and location of individuals described in clauses (1) and (2) of section 201(b) in the State who are enrolled in Post, p. 2450. private elementary and secondary schools, provision is made for the participation of such individuals in the vocational education program assisted under part A of title II of this Act;

"(2) set forth the planned uses of Federal funds available for vocational education for each fiscal year for which the plan is submitted and describe how the State did carry out the provisions of section 113(a)(3); "(3) describe progress the State has made in achieving the goals set forth in each State plan subsequent to the initial State plan; "(4) provide assurances that the State will distribute at least 80 percent of the funds made available for parts A and B of title II to eligible recipients, or combination of eligible recipients. except that the State will distribute 100 percent of the funds available for clauses (1) and (2) of section 202, relating to the disadvantaged and the handicapped, to eligible recipients in accordance with section 203(a); "(5) set forth the criteria the State board will use in approving applications of eligible recipients and allocating funds made available under this Act to such recipients, which shall ensure that States will allocate more Federal funds to eligible recipients in units of local government which are economically depressed (including both urban and rural units) or which have high unemployment, as determined by the State; "(6) provide such methods of administration as are necessary for the proper and efficient administration of the Act; "(7) provide assurances that, in the use of funds available for single parents and homemakers under section 201(b)(3), that the State will emphasize assisting individuals with the greatest financial need, and that in serving homemakers the State will give special consideration to homemakers who because of divorce, separation, or the death or disability of a spouse must prepare for paid employment; "(8) provide assurances that the State will furnish relevant training and vocational education activities to men and women who desire to enter occupations that are not traditionally associated with their sex; "(9)(A) provide assurances that the State will develop measures for the effectiveness of programs assisted under this Act in meeting the needs identified in the State plan, including evaluative measurements such as— "(i) the occupations to be trained for, which will reflect a realistic assessment of the labor market needs of the State; "(ii) the levels of skills to be achieved in particular occupations, which will reflect the hiring needs of employers; and "(iii) the basic employment competencies to be used in performance outcomes, which will reflect the hiring needs of employers;

Post, p. 2450.

Ante, p. 2445.

Post, pp. 2450, 2455. Post, p. 2452. Post, p. 2453. Ante, p. 2435.

Post, p. 2450.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/76

 98 STAT. 2448

PUBLIC LAW 98-524—OCT. 19, 1984

"(B) the State will, as a component of the measures under subclause (A) of this clause, establish appropriate measures for evaluating the effectiveness of programs for the handicapped assisted under this Act; and Ante, p. 2435. "(C) provide assurances that the State will evaluate not less than 20 percent of the eligible recipients assisted within the State in each fiscal year; "(10) describe the methods proposed for the joint planning and coordination of programs carried out under this Act with programs conducted under the Job Training Partnership Act, the 29 USC 1501 note. Adult Education Act, title I of the Elementary and Secondary 20 USC 1201 Education Act of 1965 as modified by chapter 1 of the Education note. Consolidation and Improvement Act, the Education of the 20 USC 2701. Handicapped Act, and the Rehabilitation Act of 1973, and with 20 USC apprenticeship training programs; 3801-3807. 20 USC 1400. (11) that programs of personnel development, and curricu29 USC 701 note. lum development shall be funded to further the goals identified in the State plan; "(12) provide assurances that the vocational education needs of those identifiable segments of the population in the State that have the highest rates of unemployment have been thoroughly assessed, and that such needs are reflected in and addressed by the State plan; "(13) provide assurances that the State board will cooperate with the State council on vocational education in carrying out its duties under this part; "(14) provide assurance that none of the funds expended under this Act will be used to acquire equipment (including computer software) in any instance in which such acquisition results in a direct financial benefit to any organization representing the interests of the purchasing entity or its employees or any affiliate of such an organization; "(15) provide assurances that for each fiscal year, expenditures for career guidance and counseling from allotments for title II and part D of title III will not be less than the expendiPost, pp. 2450, 2462. tures for such guidance and counseling in the State for the fiscal year 1984 assisted under section 134(a) of the Vocational Education Act of 1963; 20 USC 2354. "(16) provide assurances that Federal funds made available under this Act will be used so 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 State plan, and in no case supplant such State or local funds; and (17) provide assurances that the State will provide for such fiscal control and fund accounting procedures as may be necessary to assure the 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). "(c)(1) When changes in program conditions, labor market conditions, funding, or other factors require substantial amendment to an approved State plan, the State board, in consultation with the State council, shall submit amendments to such State plan to the Secretary. Any such amendments shall be subject to review by the State job training coordinating council, and the State council. "(2) The Secretary shall approve, within sixty days of submission, the State plan amendments which meet the requirements of this

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/77

 PUBLIC LAW 98-524—OCT. 19, 1984

98 STAT. 2449

section, unless such amendments propose changes that are inconsistent with the requirements and purposes of this Act. The Secretary shall not finally disapprove such amendments except after giving reasonable notice and an opportunity for a hearing to the State board. "APPROVAL

"SEC. 114. (a)(1) Each State plan shall, not less than 60 days before the plan is to be submitted to the Secretary, be furnished to the State legislature and the State job training coordinating council of the State under section 122 of the Job Training Partnership Act for review and comment. If the matters covered by the comments of the State legislature and the State job training coordinating council are not covered by the State plan, the State shall submit the comments with the State plan to the Secretary. "(2) If the State legislature is not in session during the period described in paragraph (1), the State board shall submit the plan for review and comment to the next meeting of the State legislature and forward the comments of the State legislature to the Secretary when the comments are received. "(b)(1) Each State plan shall be submitted to the State council on vocational education for review and comment not later than 60 days prior to the submission of the plan to the Secretary. "(2) If the State council finds that the final State plan is objectionable for any reason, including that it does not meet the labor market needs of the State, the State council shall file its objections with the State board. The State board shall respond to any objections of the State council in submitting such plan to the Secretary. The Secretary shall consider such comments in reviewing the State plan. "(c)(1) The Secretary shall provide technical assistance and guidance to the States in order to assist the States to fulfill the requirements of section 113(a)(3). "(2)(A) Each State plan shall be submitted to the Secretary by May 1 preceding the beginning of the first fiscal year for which such plan is to be in effect. The Secretary shall approve, within sixty days, each such plan which meets the requirements of section 113, and shall not finally disapprove a State plan except after giving reasonable notice and an opportunity for a hearing to the State board. "(B) The document submitted under subparagraph (A) shall be considered to be the general application required to be submitted by the State for funds received under this Act for purposes of the provisions of section 435 of the General Education Provisions Act.

20 USC 2324. 29 USC 1532.

Ante, p. 2445.

20 USC I232d.

"LOCAL APPLICATION

"SEC. 115. (a) Except as provided in subsection (c), any eligible 20 USC 2325. recipient desiring to receive assistance under this Act shall, according to requirements established by the State board, submit to the State board an application, covering the same period as the State plan, for the use of such assistance. The State board shall determine requirements for local applications (and amendments thereto), except that each such application shall— "(1) set forth the vocational education programs, services, and activities proposed to be funded; and

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/78

 98 STAT. 2450 29 USC 1501 note. 20 USC 1201 Public inspection.

PUBLIC LAW 98-524—OCT. 19, 1984

"(2) describe the coordination with relevant programs conducted under the Job Training Partnership Act and the Adult Education Act, to avoid duplication. "(b) Each such local application shall be available for review and comment by interested parties, including the appropriate administrative entity under the Job Training Partnership Act. "(c)(1) Eligible recipients providing relatively few vocational education programs, services, and activities funded with limited total Federal and State funds may, as determined by the State board, be exempt from the requirements of subsection (a) or (b) or both. "(2) Each State board shall identify in its State plan the appropriate criteria for determining such exemptions. "TITLE II—BASIC STATE GRANTS FOR VOCATIONAL EDUCATION "PART A—VOCATIONAL EDUCATION OPPORTUNITIES "USES OF FUNDS

20 USC 2331. Ante, p. 2438.

"SEC. 201. (a) From the portion of the allotment of each State Under section 101 available for this part, each State shall provide vocational education services and activities designed to meet the special needs of groups of individuals specified in subsection (b). "(b) To meet the needs identified in the State plan, each State shall use the portion of its allotment available for this part in any fiscal year to provide vocational education services and activities designed to meet the special needs of, and to enhance the participation of^ "(1) handicapped individuals; "(2) disadvantaged individuals; "(3) adults who are in need of training and retraining; "(.4) individuals who are single parents or homemakers; "(5) individuals who participate in programs designed to eliminate sex bias and stereotyping in vocational education; and "(6) criminal offenders who are serving in a correctional institution. "(c)(l) Each State shall use the portion of its allotment available for this part in any fiscal year for handicapped individuals only for the Federal share of expenditures limited to supplemental or additional staff, equipment, materials, and services not provided to other individuals in vocational education that are essential for handicapped individuals to participate in vocational education. If the conditions of handicapped students require a separate program, each State may use such funds for the Federal share of the costs of the services and activities in separate vocational education programs for handicapped individuals which exceed the average average per-pupil expenditures for regular services and activities of the eligible recipient. "(2) Each State shall use the portion of its allotment available for this part in any fiscal year for disadvantaged individuals only for the Federal share of expenditures limited to supplemental or additional staff, equipment, materials, and services not provided to other individuals in vocational education that are essential for disadvantaged individuals to participate in vocational education. If the conditions of disadvantaged individuals require a separate program, each State may use such funds for the Federal share of the costs of the

�


text:
Author:L. W. Robarts

Articles in Popular Science Monthly

 * 1.
 * 2.

title: Author:L. W. Robarts


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/79

 PUBLIC LAW 98-524—OCT. 19, 1984

98 STAT. 2451

services and activities in separate vocational education programs for disadvantaged individuals which exceed the average per-pupil expenditures for regular services and activities of the eligible recipient. "(d)(1) Each State may use the portion of its allotment available for this part for any fiscal year for the improvement of vocational education services and activities designed to provide equal access to quality vocational education to disadvantaged individuals, the costs of services and activities which apply the latest technological advances to courses of instruction, and, subject to the provisions of paragraph (2), the acquisition of modern machinery and tools. "(2) Funds available to each recipient under this part for the disadvantaged may be expended for the acquisition of modern machinery and tools in schools at which at least 75 percent of the students enrolled are economically disadvantaged. "(e)(1) Each State shall use the portion of its allotment available for this part to provide, improve, and expand adult and postsecondary vocational education services and activities to train and retrain adults. "(2) Funds used for the purpose described in subsection (a) may be used for services and activities developed in coordination with the State agency administering title III of the Job Training Partnership Act.

"(3) Funds for services and activities under this section may be used for— "(A) additional training under title III of the Job Training Partnership Act; "(B) vocational education programs for training or retraining adults, including programs for older individuals and displaced homemakers; "(C) the costs of serving adults in other vocational education programs, including paying the costs of instruction or the costs of keeping school facilities open longer; "(D) individuals 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 "(E) individuals who have already entered the labor market, or have completed or left high school, and who are not described in clause (D). "(f) Each State may only use the portion of its allotment available for this part to— "(1) provide, subsidize, reimburse or pay for vocational education and training activities, including basic literacy instruction and necessary educational materials, that will furnish single parents and homemakers with marketable skills; "(2) make grants to eligible recipients for expanding vocational education services when this expansion directly increases the eligible recipients' capacity for providing single parents and homemakers with marketable skills; "(3) make grants to community-based organizations for the provision of vocational education services to single parents and homemakers, if the State determines that the community-based organization has demonstrated effectiveness in providing comparable or related services to single parents and homemakers, taking into account the demonstrated performance of such an

29 USC 1651.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/80

 98 STAT. 2452

Infra.

Ante, p. 2441.

PUBLIC LAW 98-524—OCT. 19, 1984

organization in terms of cost, the quality of training and the characteristics of the participants; "(4) make vocational education and training more accessible to single parents and homemakers by assisting them with child care or transportation services or by organizing and scheduling the programs so that such programs are more accessible; or "(5) provide information to single parents and homemakers to inform them of vocational education programs and related support services. "(g) That portion of the allotment described in section 202(5) shall be available for— "(1) programs, services, and activities to eliminate sex bias and stereotyping in secondary and postsecondary vocational education; "(2) vocational education programs, services, and activities for girls and women, aged 14 through 25, designed to enable the participants to support themselves and their families; and "(3) support services for individuals participating in vocational education programs, services, and activities described in clauses (1) and (2) including dependent-care services and transportation. The requirement with respect to age limitations contained in clause (2) of subsection (a) may be waived whenever the individual described in section lll(b)(l) determines that the waiver is essential to meet the objectives of this section. "(h)(1) Each State may use the portion of its allotment available for this part in any fiscal year for basic skills instruction for vocational education students and related to their instructional program whenever the State board determines that such instruction is necessary to carry out the purposes described in subsection (b) of this section. "(2) Each State may use the portion of its allotment available for this part in any fiscal year for the provision of educational training through arrangements with private vocational training institutions, private postsecondary educational institutions, and employers whenever such institutions or employers can make a significant contribution to obtaining the objectives of the State plan and can provide substantially equivalent training at a lesser cost, or can provide equipment or services not available in public institutions. "(i)(1) Vocational education services and activities described in subsection (b) shall, to the extent practicable, include work-site programs such as cooperative vocational education, work-study, and apprenticeship programs. "(2) Vocational education services and activities described in subsection (b) may include placement services for students who have successfully completed vocational education programs. DISTRIBUTION OF ASSISTANCE

20 USC 2332. Handicapped persons. Disadvantaged persons,

"SEC. 202. From the portion of the allotment of each State available for this part for each fiscal year— "(1) 10 percent of the funds available for this title shall be available for handicapped individuals; "(2) 22 percent of such funds shall be available for disadvantaged individuals; "(3) 12 percent of such funds shall be available for adults who are in need of training and retraining;

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/81

 PUBLIC LAW 98-524—OCT. 19, 1984

98 STAT. 2453

"(4) 8.5 percent of such funds shall be available for individuals who are single parents and homemakers; "(5) 3.5 percent of such funds shall be available for individuals who are participants in programs designed to eliminate sex bias and stereotyping in vocational education; and "(6) 1 percent of such funds shall be made available for criminal offenders who are in correctional institutions. WITHIN STATE ALLOCATION

"SEC. 203. (a)(1)(A) The State board shall allocate the 10 percent of 20 USC 2333. the amount allotted to the State and available for this title for vocational education services and activities for the handicapped to eligible recipients in accordance with the provisions of this paragraph. "(B) Of the amount allocated under this paragraph— "(i) 50 percent of such amount shall be allocated to eligible Disadvantaged recipients on the basis of the relative number of economically persons. disadvantaged individuals enrolled in each eligible recipient in the fiscal year preceding the fiscal year in which the determination is made to the total number of such individuals enrolled in all eligible recipients within the State in such year; and "(ii) 50 percent shall be allocated on the basis of the relative Handicapped number of handicapped students served in vocational education persons. programs by each eligible recipient within the State in the fiscal year preceding the fiscal year for which the determination is made as compared to the total number of such individuals served by all eligible recipients within the State in such year. "(2)(A) The State board shall allocate the 22 percent of the amount allotted to the State and available for this title for vocational education services and activities for the disadvantaged to eligible recipients in accordance with the provisions of this paragraph. "(B) Of the amount allocated under this paragraph— Disadvantaged "(i) 50 percent of such amount shall be allocated to eligible persons. recipients on the basis of the relative number of economically disadvantaged individuals enrolled in each eligible recipient in the fiscal year preceding the fiscal year in which the determination is made compared to the total number of such individuals enrolled in all eligible recipients within the State in such year; and "(ii) 50 percent shall be allocated on the basis of the relative number of disadvantaged individuals and individuals with limited English proficiency served in vocational education programs by each eligible recipient within the State in the fiscal year preceding the fiscal year for which the determination is made as compared to the total number of such individuals served by all eligible recipients within the State in such year. "(3) The State board shall assure that sums allocated among eligible recipients pursuant to this subsection shall be used by an eligible recipient for vocational education services and activities for individuals with limited English proficiency in the same proportion as the number of individuals with limited English proficiency served by each eligible recipient within the State in the fiscal year preceding the fiscal year for which the determination is made bears to the population of the State in that year. '(4) Each local educational agency shall use, to the extent feasible, community-based organizations of demonstrated effectiveness, in

�


text: Author:Edward Young Robbins

title: Author:Edward Young Robbins


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/82

 98 STAT. 2454

Ante, p. 2450. Ante, p. 2452.

PUBLIC LAW 98-524—OCT. 19, 1984

addition to other eligible recipients, for the use of funds available under this part in areas of the State in which there is an absence of sufficient vocational education facilities or in which the vocational education programs do not adequately address the needs of disadvantaged students, or in which the local educational agency determines that the community-based organization can better serve disadvantaged students. "(5) Each local educational agency is authorized to use funds allocated under paragraph (1) of this subsection for joint projects with one or more other local educational agencies. "(b) The State board may encourage any eligible recipient within the State which is eligible to receive a grant under this part which is $1,000 or less in any fiscal year to operate programs jointly with another eligible recipient. "(c) The State board shall establish criteria for the distribution of the remaining amount of the allotment of the State available for this part to eligible recipients and to community-based organizations pursuant to section 201(c)(3) within the State for the purposes described in clauses (3), (4), (5), and (6) of section 202. "CRITERIA FOR SERVICES AND ACTIVITIES FOR THE HANDICAPPED AND FOR THE DISADVANTAGED

20 USC 2334. Ante, p. 2453.

20 USC 1412. 20 USC 1414.

Ante, p. 2453.

"SEC. 204. (a) The State board shall, with respect to that portion of the allotment distributed in accordance with section 203(a) for vocational education services and activities for handicapped individuals and disadvantaged individuals, provide assurances that— "(1) equal access will be provided to handicapped and disadvantaged individuals in recruitment, enrollment, and placement activities; "(2) equal access will be provided to handicapped and disadvantaged individuals to the full range of vocational programs available to nonhandicapped and nondisadvantaged individuals, including occupationally specific courses of study, cooperative education, and apprenticeship programs; and "(3)(A) vocational education programs and activities for handicapped individuals will be provided in the least restrictive environment in accordance with section 612(5)(B) of the Education of the Handicapped Act and will, whenever appropriate, be included as a component of the individualized education plan required under section 612(4) and section 614(a)(5) of such Act; and "(B) vocational education planning for handicapped individuals will be coordinated between appropriate representatives of vocational education and special education. "(b) Each local educational agency shall, with respect to that portion of the allotment distributed in accordance with section 203(a) for vocational education services and activities for handicapped individuals and disadvantaged individuals, provide information to handicapped and disadvantaged students and parents of such students concerning the opportunities available in vocational education at least one year before the students enter the grade level in which vocational education programs are first generally available in the State, but in no event later than the beginning of the ninth grade, together with the requirements for eligibility for enrollment in such vocational education programs.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/83

 PUBLIC LAW 98-524—OCT. 19, 1984

98 STAT. 2455

"(c) Each student who enrolls in vocational education programs and to whom subsection (b) applies shall receive— "(1) assessment of the interests, abilities, and special needs of such student with respect to completing successfully the vocational education program; "(2) special services, including adaptation of curriculum, instruction, equipment, and facilities, designed to meet the needs described in clause (1); "(3) guidance, counseling, and career development activities conducted by professionally trained counselors who are associated with the provision of such special services; and "(4) counseling services designed to facilitate the transition from school to post-school employment and career opportunities. "PART B—VOCATIONAL EDUCATION PROGRAM IMPROVEMENT, INNOVATION, AND EXPANSION "USES OF FUNDS

"SEC. 251. (a) From the portion of the allotment of each State under section 101 available for this part from amounts appropriated pursuant to section 3(a) for each fiscal year, each State may use funds so available to meet the needs identified in the State plan for— "(1) the improvement of vocational education programs within the State designed to improve the quality of vocational education, including high-technology programs involving an industry-education partnership as described in part D of title III, apprenticeship training programs, and the provision of technical assistance; "(2) the expansion of vocational education activities necessary to meet student needs and the introduction of new vocational education programs, particularly in economically depressed urban and rural areas of the State; "(3) the introduction of new vocational education programs, particularly in economically depressed urban and rural areas; "(4) the creation or expansion of programs to train workers in skilled occupations needed to revitalize businesses and industries or to promote the entry of new businesses and industries into a State or community; "(5) exemplary and innovative programs which stress new and emerging technologies and which are designed to strengthen vocational education services and activities; "(6) the improvement and expansion of postsecondary and adult vocational education programs and related services for out-of-school youth and adults, which may include upgrading the skills of (A) employed workers, (B) workers who are unemployed or threatened with unemployment as a result of technological change or industrial dislocation, (C) workers with limited English proficiency, and (D) displaced homemakers and single heads of households; "(7) the improvement and expansion of career counseling and guidance authorized by part D of title III; "(8) programs relating to curriculum development in vocational education within the State, including the application of basic skills training;

20 USC 2341. Ante, p. 2438. Ante, p. 2437.

Post, p. 2462.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/84

 98 STAT. 2456

Ante, p. 2441. Ante, p. 2440.

Ante, p. 2435.

Ante, p. 2450. Ante, p. 2438. Ante, p. 2437.

PUBLIC LAW 98-524—OCT. 19, 1984

"(9) the expansion and improvement of programs at area vocational education schools; "(10) the acquisition of equipment and the renovation of facilities necessary to improve or expand vocational education programs within the State; "(11) the conduct of special courses and teaching strategies designed to teach the fundamental principles of mathematics and science through practical applications which are an integral part of the student's occupational program; "(12) the assignment of personnel to work with employers and eligible recipients in a region to coordinate efforts to ensure that vocational programs are responsive to the labor market and supportive of apprenticeship training programs; "(13) the activities of vocational student organizations carried out as an integral part of the secondary and postsecondary instructional program; "(14) prevocational programs; "(15) programs of modern industrial and agricultural arts; "(16) support for full-time personnel to carry out section 111(b) which shall be paid for from administrative expenses of the State available under section 102(b); "(17) the provision of stipends, which shall not exceed reasonable amounts as prescribed by the Secretary by regulation, for students entering or already enrolled in vocational education programs who have acute economic needs which cannot be met under work-study programs; "(18) placement services for students who have successfully completed vocational education programs (including special services for the handicapped and cooperative efforts with rehabilitation programs); "(19) day care services for children of students in secondary and postsecondary vocational education programs; "(20) the construction of area vocational education school facilities in areas having a demonstrated need for such facilities; "(21) the acquisition of high-technology equipment for vocational education programs; "(22) the provision of vocational education through arrangements with private vocational education institutions, private postsecondary educational institutions, and employers whenever such private institutions or employers can make a significant Contribution to attaining the objectives of this Act and can provide substantially equivalent preparation at a lesser cost, or can provide equipment or services not available in public institutions; "(23) the acquisition and operation of communications and telecommunications equipment for vocational education programs; and "(24) the improvement or expansion of any other vocational education activities authorized under part A. "(b) From the portion of the allotment of each State under section 101 available for this part from amounts appropriated pursuant to section 3(a) for each fiscal year, each State shall use grants for the provision of inservice and preservice training designed to increase the competence of vocational education teachers, counselors, and administrators, including special emphasis on the integration of

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/85

 PUBLIC LAW 98-524—OCT. 19, 1984

98 STAT. 2457

handicapped and disadvantaged students in regular courses of vocational education. "CRITERIA FOR PROGRAM IMPROVEMENT, INNOVATION, AND EXPANSION

"SEC. 252. (a) Subject to the provisions of this part, each State may 20 USC 2342. expend funds available under this part in the manner best suited to carry out the purposes of this Act within the State. Ante, p. 2435. "(b) Each State may make use of community-based organizations of demonstrated effectiveness, in addition to eligible recipients, for the use of funds available under this part in areas of the State in which there is an absence of sufficient vocational education facilities or in which the vocational education programs do not adequately address the needs of disadvantaged students or wherever the community-based organization can better serve disadvantaged students. "(c) Any project assisted with funds made available under this part shall be of sufficient size, scope, and quality to give reasonable promise of meeting the vocational education needs of the students involved in the project. "TITLE III—SPECIAL PROGRAMS "PART A—STATE ASSISTANCE FOR VOCATIONAL EDUCATION SUPPORT PROGRAMS BY COMMUNITY-BASED ORGANIZATIONS "APPLICATIONS

"SEC. 301. (a) Each community-based organization which desires to 20 USC 2351. receive assistance under this part shall prepare jointly with the appropriate eligible recipient and submit an application to the State board at such time, in such manner, and containing or accompanied by such information as the State board may require. Each such application shall— "(1) contain an agreement between the community-based organization and the eligible recipients in the area to be served, which includes the designation of fiscal agents established for the program; "(2) provide a description of the uses for which assistance is sought pursuant to section 302(b) together with evaluation crite- Post, p. 2458. ria to be applied to the program; "(3) provide assurances that the community-based organization will give special consideration to the needs of severely economically and educationally disadvantaged youth ages sixteen through twenty-one, inclusive; "(4) provide assurances that business concerns will be involved, as appropriate, in services and activities for which assistance is sought; "(5) describe the collaborative efforts with the eligible recipients and the manner in which the services and activities for which assistance is sought will serve to enhance the enrollment of severely economically and educationally disadvantaged youth into the vocational education programs; and "(6) provide assurances that the programs conducted by the community-based organization will conform to the applicable standards of performance and measures of effectiveness required of vocational education programs in the State.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/86

 98 STAT. 2458

PUBLIC LAW 98-524—OCT. 19, 1984 "USES OF FUNDS

20 USC 2352. Ante, p. 2438.

"SEC. 302. (a) From the portion of the allotment of each State under section 101 available for this part, each State shall provide financial assistance to joint programs of eligible recipients and community-based organizations within the State for the conduct of special vocational education services and activities described in subsection (b). "(b) Funds provided under this section may be used in accordance with State plans for— "(1) outreach programs to facilitate the entrance of youth into a program of transitional services and subsequent entrance into vocational education, employment or other education and training; "(2) transitional services such as attitudinal and motivational prevocational training programs; "(3) prevocational educational preparation and basic skills development conducted in cooperation with business concerns; "(4) special prevocational preparations programs targeted to inner-city youth, non-English speaking youth, Appalachian youth, and the youth of other urban and rural areas having a high density of poverty who need special prevocational education programs; "(5) career intern programs; "(6) assessment of students needs in relation to vocational education and jobs; and "(7) guidance and counseling to assist students with occupational choices and with the selection of a vocational education program. "PART B—CONSUMER AND HOMEMAKER EDUCATION "CONSUMER AND HOMEMAKER EDUCATION GRANTS

20 USC 2361.

"SEC. 311. From the portion of the allotment of each State under section 101 available for this part, the Secretary is authorized to make grants to States to assist them in conducting consumer and homemaker education programs. Such programs may include (1) instructional programs, services, and activities that prepare youth and adults for the occupation of homemaking, and (2) instruction in the areas of food and nutrition, consumer education, family living and parenthood education, child development and guidance, housing, home management (including resource management), and clothing and textiles. "USE OF FUNDS FROM CONSUMER AND HOMEMAKER EDUCATION GRANTS

20 USC 2362. Ante, p. 2449.

"SEC. 312. (a) Grants to any State under this part shall be used, in accordance with State plans approved under section 114— "(1) to conduct programs in economically depressed areas; "(2) to encourage participation of traditionally underserved populations; (3) to encourage the elimination of sex bias and sex stereotyping; (4) to improve, expand, and update programs with an emphasis on those which specifically address needs described under clauses (1), (2), and (3); and

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/87

 PUBLIC LAW 98-524—OCT. 19, 1984

98 STAT. 2459

"(5) to address priorities and emerging concerns at the local, State, and national levels. "(b) Grants for the purposes set forth in subsection (a) may be used for— "(1) program development and improvement of instruction and curricula relating to managing individual and family resources, making consumer choices, managing home and work responsibilities, improving responses to individual and family crises, strengthening parenting skills, assisting aged and handicapped individuals, improving nutrition, conserving limited resources, understanding the impact of new technology on life and work, applying consumer and homemaker education skills to jobs and careers, and other needs as determined by the State; and "(2) support services and activities designed to ensure the quality and effectiveness of programs, including demonstration of innovative and exemplary projects, community outreach to underserved populations, application of academic skills (such as reading, writing, mathematics, and science) through consumer and homemaker education programs, curriculum development, research, program evaluation, development of instructional materials, teacher education, upgrading of equipment, teacher supervision, and State administration and leadership, including activities of the student organization. "(c) Not less than one-third of the Federal funds made available to any State under this section shall be expended 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. "INFORMATION DISSEMINATION AND LEADERSHIP

"SEC. 313. (a) The State board shall ensure that the experience 20 USC 2363. and information gained through carrying out programs assisted under this part is shared with administrators for the purpose of program planning. Funds available under this part shall be used to assist in providing State leadership qualified by experience and preparation in home economics education. "(b) Not more than 6 percent of the funds available under this part may be used to carry out leadership activities under this section. "PART C—ADULT TRAINING, RETRAINING, AND EMPLOYMENT DEVELOPMENT "FINDINGS AND PURPOSE

"SEC. 321. (a) The Congress finds that— 20 USC 2371. "(1) technological change, international competition, and the demographics of the Nation's work force have resulted in increases in the numbers of adult workers who are unemployed, who have been dislocated, or who require training, retraining, or upgrading of skills, "(2) many women entering and reentering the paid labor market are disproportionately employed in low-wage occupations and require additional training.

�


text:
An Anodyne

She offered me a bottle sealed A drug that healed. But in her eyes – two cups of jade – The Greater Druggist made A panacea which can even cure A jealous moor.

And in her face? I kiss the dust beneath the Maker's feet. Of all the remedies, found throughout the quest, O Beauty Ineffable, thou art the best.

Aye, even to a sickened heart Which bravely played its part, A face divine Is always an anodyne.

title: An Anodyne


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/88

 98 STAT. 2460

PUBLIC LAW 98-524—OCT. 19, 1984

"(3) many adults cannot gain access to or benefit fully from vocational education due to limited English proficiency, and "(4) these needs can be met by vocational education programs that are responsive to the needs of individuals and the demands of the labor market. "(b) It is the purpose of this part (1) to provide financial assistance to the States to enable them to expand and improve vocational education programs designed to meet urgent needs for training, retraining, and employment development of adults who have completed or left high school and are preparing to enter or have entered the labor market, in order to equip adults with the competencies and skills required for productive employment, and (2) to ensure that such programs are relevant to the labor market needs and accessible to all segments of the population, including women, minorities, the handicapped, individuals with limited English proficiency, workers fifty-five and older, and the economically disadvantaged. "AUTHORIZATION OF GRANTS AND USES OF FUNDS

20 USC 2372. Ante, p. 2438.

Ante, p. 2450.

"SEC. 322. (a) From the portion of the allotment of each State under section 101 available for this part, the Secretary shall make grants to the States for programs, services, and activities authorized by this part. "OJXI) Grants to States under this part may be used, in accordance with State plans, for— "(A) vocational education programs, services, activities, and employment development authorized by title II which are designed to meet the needs of— "(i) individuals who have graduated from or left high school and who need additional vocational education for entry into the labor force; "(ii) unemployed individuals who require training to obtain employment or increase their employability; "(iii) employed individuals who require retraining to retain their jobs, or who need training to upgrade their skills to qualify for higher paid or more dependable employment; "(iv) displaced homemakers and single heads of households who are entering or reentering the labor force; "(v) employers who require assistance in training individuals for new employment opportunities or in retraining employees in new skills required by changes in technology, products, or processes; and "(vi) workers fifty-five and older; "(B) short-term programs of retraining designed to upgrade or update skills in accordance with changed work requirements; "(C) education and training programs designed cooperatively with employers, such as— "(i) institutional and worksite programs, including apprenticeship training programs (or combinations of such programs) especially tailored to the needs of an industry or group of industries for skilled workers, technicians, or managers, or to assist their existing work force to adjust to changes in technology or work requirements; and "(ii) quick-start, customized training for workers in new and expanding industries, or for workers for placement in

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/89

 PUBLIC LAW 98-524—OCT. 19, 1984

98 STAT. 2461

jobs that are difficult to fill because of a shortage of workers with the requisite skills, "(D) building more effective linkages between vocational education programs and private sector employers (through a variety of programs including programs where secondary school students are employed on a part-time basis as registered apprentices with transition to full-time apprenticeships upon graduation), and between eligible recipients of assistance under this Act and economic development agencies and other public and Ante, p. 2435. private agencies providing job training and employment services, in order to more effectively reach out to and serve individuals described in subparagraph (A); "(E) cooperative education programs with public and private sector employers and economic development agencies, including seminars in institutional or worksite settings, designed to improve management and increase productivity; "(F) entrepreneurship training programs which assist individuals in the establishment, management, and operation of small business enterprises; "(G) recruitment, job search assistance, counseling, remedial services, and information and outreach programs designed to encourage and assist males and females to take advantage of vocational education programs and services, with particular attention to reaching women, older workers, individuals with limited English proficiency, the handicapped, and the disadvantaged; "(H) curriculum development, acquisition of instructional equipment and materials, personnel training, pilot projects, and related and additional services and activities required to effectively carry out the purposes of this part; "(I) the costs of serving adults in other vocational education programs, including paying the costs of instruction or the costs of keeping school facilities open longer; and "(J) related instruction for apprentices in apprenticeship training programs. "(2) In making grants under this part, the Secretary shall require each State, in its State plan (or an amendment thereto), to assure that programs— "(A) are designed with the active participation of the State council established pursuant to section 112; Ante, p. 2443. "(B) make maximum effective use of existing institutions, are planned to avoid duplication of programs or institutional capabilities, and to the fullest extent practicable are designed to strengthen institutional capacity to meet the education and training needs addressed by this part; "(C) involve close cooperation with and participation by public and private sector employers and public and private agencies working with problems of employment and training and economic development; and "(D) where appropriate, involve coordination with programs under the Rehabilitation Act of 1973 and the Education of the 29 USC 701 note. Handicapped Act. 20 USC 1400. "COORDINATION WITH THE JOB TRAINING PARTNERSHIP ACT

"SEC. 323. (a) Each State receiving grants under this part shall 20 USC 2373. include in the State plan methods and procedures for coordinating

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/90

 98 STAT. 2462

29 USC 1651. 29 USC 1532. 29 USC 1531.

29 USC 1501 note.

PUBLIC LAW 98-524—OCT. 19, 1984

vocational education programs, services, and activities funded under this part to provide programs of assistance for dislocated workers funded under title III of the Job Training Partnership Act. "(b)(1) The State board shall consult with the State job training coordinating council (established under section 122 of the Job Training Partnership Act) in order that programs assisted under this part may be taken into account by such council in formulating recommendations to the Governor for the Governor's coordination and special services plan required by section 121 of such Act. "(2) The State board shall also adopt such procedures as it considers necessary to encourage coordination between eligible recipients receiving funds under this part and the appropriate administrative entity established under the Job Training Partnership Act in the conduct of their respective programs, in order to achieve the most effective use of all Federal funds through programs that complement and supplement each other, and, to the extent feasible, provide an ongoing and integrated program of training and services for workers in need of such assistance. "PART D—COMPREHENSIVE CAREER GUIDANCE AND COUNSEUNG PROGRAMS "GRANTS FOR CAREER GUIDANCE AND COUNSEUNG

20 USC 2381. Ante, p. 2438.

"SEC. 331. From the portion of the allotment of each State under section 101 available for this part, the Secretary is authorized to make grants to States to assist them in conducting career guidance and counseling programs authorized by this part. "USE OF FUNDS FROM CAREER GUIDANCE AND COUNSEUNG GRANTS

20 USC 2382.

"SEC. 332. (a) Grants to any State under this part shall be used, in accordance with State plans (and amendments thereto), for programs (organized and administered by certified counselors) designed to improve, expand, and extend career guidance and counseling programs to meet the career development, vocational education, and employment needs of vocational education students and potential students. Such programs shall be designed to assist individuals— "(1) to acquire self-assessment, career planning, career decisionmaking, and employability skills; "(2) to make the transition from education and training to work; "(3) to maintain marketability of current job skills in established occupations; "(4) to develop new skills to move away from declining occupational fields and enter new and emerging fields in hightechnology areas and fields experiencing skill shortages; "(5) to develop midcareer job search skills and to clarify career goals; and "(6) to obtain and use information on financial assistance for postsecondary and vocational education, and job training. "(b) Programs of career guidance and counseling under this part shall encourage the elimination of sex, age, handicapping condition, and race bias and stereotyping, provide for community outreach, enlist the collaboration of the family, the community, business, industry, and labor and be accessible to all segments of the population, including women, minorities, the handicapped, and the eco-

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/91

 PUBLIC LAW 98-524—OCT. 19, 1984

98 STAT. 2463

nomically disadvantaged. The programs authorized by this part shall consist of— "(1) instructional activities and other services at all educational levels to help students with the skills described in clauses (1) through (6) of subsection (a); and "(2) services and activities designed to ensure the quality and effectiveness of career guidance and counseling programs and projects assisted under this part, such as counselor education (including education of counselors working with individuals with limited English proficiency), training of support personnel, curriculum development, research and demonstration projects, experimental programs, instructional materials development, equipment acquisition, and State and local leadership and supervision; and "(3) projects which provide opportunities for counselors to obtain firsthand experience in business and industry, and projects which provide opportunities to acquaint students with business, industry, the labor market, and training opportunities (including secondary educational programs that have at least one characteristic of an apprenticeable occupation as recognized by the Department of Labor or the State Apprenticeship Agency in accordance with the Act of August 16, 1937, known as the National Apprenticeship Act, in concert with local business, 29 USC 50 note. industry, labor, and other appropriate apprenticeship training entities, designed to prepare participants for an apprenticeable occupation or provide information concerning apprenticeable occupations and their prerequisites). "(c) Not less than 20 percent of the sums made available to a State under this part shall be used for programs designed to eliminate sex, age, and race bias and stereotyping under subsection (b) and for activities to ensure that programs under this part are accessible to all segments of the population, including women, the disadvantaged, the hahdicapped, individuals with limited English proficiency, and minorities. "INFORMATION DISSEMINATION AND LEADERSHIP

"SEC. 333. (a) The State board shall ensure that the experience 20 USC 2383. and information gained through programs assisted under this part is shared with administrators for the purpose of program planning. Funds available under this part shall be used to assist in providing State leadership qualified by experience and knowledge in guidance and counseling. "(b) Not more than 6 percent of the funds available under this part may be used to carry out leadership activities under this section. "PART E—INDUSTRY-EDUCATION PARTNERSHIP FOR TRAINING IN HIGH-TECHNOLOGY OCCUPATIONS "FINDINGS AND PURPOSE

"SEC. 341. (a) The Congress finds that— "(1) shortages of technicians in high-technology fields are 20 USC 2391. adversely affecting the Nation's productivity, its competitiveness in world markets, defense capability, and economic health; and

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/92

 98 STAT. 2464

PUBLIC LAW 98-524—OCT. 19, 1984 "(2) the Nation's vocational education system can make a major contribution in meeting the need for trained technicians and skilled workers in these fields, particularly through partnerships between vocational agencies and institutions and private business and industry. "(b) It is therefore the purpose of this part— "(1) to provide incentives for business and industry and the vocational education community to develop programs to train the skilled workers needed to produce, install, operate, and maintain high-technology equipment, systems, and processes; and "(2) to ensure that such programs are relevant to the labor market and accessible to all segments of the population, including women, minorities, the handicapped, and the economically disadvantaged. "AUTHORIZATION OP GRANTS

20 USC 2392. Ante, p. 2438.

29 USC 1501 note.

Ante, p. 2450.

Ante, p. 2443.

"SEC. 342. (a) From the portion of the allotment of each State under section 101 available for this part, the Secretary shall make grants to the States to carry out industry-education partnership training programs in high-technology occupations in accordance with this part. "(b) Grants to any State under this part shall be used, in accordance with State plans which contain assurances to the Secretary that— "(1) funds received under this part will be used solely for vocational education programs designed to train skilled workers and technicians in high-technology occupations (including programs providing related instruction to apprentices) and projects to train skilled workers needed to produce, install, operate, and maintain high-technology equipment, systems, and processes; "(2) to the maximum extent practicable, funds received under this part will be utilized in coordination with the Job Training Partnership Act to avoid duplication of effort and to ensure maximum effective utilization of funds under this Act and the Job Training Partnership Act; "(3) except as provided in subsection (c), not less than 50 per centum of the aggregate costs of programs and projects assisted under this part will be provided from non-Federal sources, and not less than 50 per centum of such non-Federal share of aggregate costs in the State will be provided by participating business and industrial firms; "(4) programs and projects assisted under this part will be Coordinated with those assisted under title II, and to the msiximum extent practicable (consistent with the purposes of programs assisted under title II), supportive services will be so organized as to serve programs under both titles; and "(5) programs and projects assisted under this part will be developed with the active participation of the State council established pursuant to section 112. "(c)(l) The business and industrial share of the costs required by subsection (b)(2) may be in the form of cash or of in-kind contributions (such as facilities, overhead, personnel, and equipment) fairly valued.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/93

 PUBLIC LAW 98-524—OCT. 19, 1984

98 STAT. 2465

"(2) The Federal share of such costs shall be available equally from funds available to the States under this part and from funds allotted to the States under title IL "(3) If an eligible recipient demonstrates to the satisfaction of the State that it is incapable of providing all or part of the non-Federal portion of such costs as required by subsection (b)(2), the State may designate funds available under part B of title II or funds available from State sources in lieu of such non-Federal portion.

Ante, p. 2450.

Ante, p. 2455.

"USE OF FUNDS

"SEC. 343. (a) Funds made available to the States by grants under 20 USC 2393. this part may be used solely for the establishment and operation of programs and projects described by section 342(b) and for— Ante, p. 2464. "(1) necessary administrative costs of the State board and of eligible recipients associated with the establishment and operation of programs authorized by this part; Ante, p. 2463. "(2) training and retraining of instructional and guidance personnel; "(3) curriculum development and the development or acquisition of instructional and guidance equipment and materials; "(4) acquisition and operation of communications and telecommunications equipment and other high-technology equipment for programs authorized by this part; and "(5) such other activities authorized by this title as may be essential to the successful establishment and operation of programs and projects authorized by this part, including activities and related services to ensure access of women, minorities, the handicapped, and the economically disadvantaged. "(b) In approving programs and projects assisted under this part, the State board shall give special consideration to— "(1) the level and degree of business and industry participation in the development and operation of the program; "(2) the current and projected demand within the State or relevant labor market area for workers with the level and type of skills the program is designed to produce; "(3) the overall quality of the proposal, with particular emphasis on the probability of successful completion of the program by prospective trainees and the capability of the eligible recipient (with assistance from participating business or industry) to provide high quality training for skilled workers and technicians in high technology; and "(4) the commitment to serve all segments of the population, including women, minorities, the handicapped, and the economically disadvantaged (as demonstrated by special efforts to provide outreach, information, and counseling, and by the provision of remedial instruction and other assistance). "(c) Expenditures for administrative costs pursuant to subsection (a)(1) may not exceed 10 per centum of the State's allotment for this part in the first year and 5 per centum of such allotment in each subsequent year.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/94

 98 STAT. 2466

PUBLIC LAW 98-524—OCT. 19, 1984 "TITLE IV—NATIONAL PROGRAMS "PART A—RESEARCH "RESEARCH OBJECTIVES

20 USC 2401.

Ante, p. 2435.

"SEC. 401. It is the purpose of this part— "(1) to authorize research activities which contribute to improving the access to vocational education programs of individuals who are disadvantaged, who are handicapped, women who are entering nontraditional occupations, adults who are in need of retraining, individuals who are single parents or homemakers, individuals with limited English proficiency, and individuals who are incarcerated in correctional institutions; "(2) to improve the competitive process by which research projects are awarded; "(3) to encourage the dissemination of findings of research projects assisted under this Act to all States; and "(4) to authorize research activities which are readily applicable to the vocational education setting and are of practical application to vocational education administrators, counselors, and instructors and others involved in vocational education. "RESEARCH ACTIVITIES

20 USC 2402. Supra.

"SEC. 402. (a) In order to carry out the objectives set forth in section 401, the Secretary shall conduct applied research on aspects of vocational education specifically related to this Act. Such research may be conducted through the National Institute of Education or any other division of the Department of Education which the Secretary determines to be appropriate. Such research shall include— "(1) effective methods for providing quality vocational education to handicapped individuals, disadvantaged individuals, men and women in nontraditional fields, adults, individuals who are single parents or homemakers, individuals with limited English proficiency, and individuals who are incarcerated in correctional institutions; "(2) strategies for coordinating local, State, and Federal vocational education, employment training, and economic development programs to maximize their efficacy and for improving worker training and retraining; "(3) the constructive involvement of the private sector in public vocational education; "(4) successful methods of reinforcing and enhancing basic academic skills in vocational settings; "(5) the development of curriculum materials and instructional methods relating to new and emerging technologies, and assessments of the nature of change in the workplace and its effect on individual jobs; "(6) the identification of institutional characteristics which improve the preparation of youth and adults for employment; and "(7) the development of effective methods for providing quality vocational education to individuals of limited English proficiency, including research related to bilingual vocational training.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/95

 PUBLIC LAW 98-524—OCT. 19, 1984

98 STAT. 2467

"(b) In addition, the Secretary shall— "(1) initiate leadership development and inservice education activities for State and local vocational education instructors, counselors, and administrators; and "(2) support meritorious, unsolicited research proposals from individual researchers community colleges. State advisory councils, and State and local educators relating to the goals of this Act. "(c) The Secretary shall give preference in carrying out the provisions of this part to public and private postsecondary institutions in conducting vocational education research. "(d)(1) The Secretary shall institute measures designed to ensure that program improvement activities carried out under this section represent a coordinated effort to improve the quality of vocational education. "(2) The Secretary shall include in the annual report of the Secretary a summary of activities funded under this section, together with an appraisal of their contributions to the improvement and expansion of vocational education. "NATIONAL ASSESSMENT OF VOCATIONAL EDUCATION PROGRAMS ASSISTED UNDER THIS ACT

"SEC. 403. (a) The Secretary shall conduct a national assessment of vocational education assisted under this Act, through independent studies and analysis by the National Institute of Education. The assessment shall include descriptions and evaluations of— "(1) the vocational education activities and services delivered to the individuals who benefit from vocational education activities and services assisted under this Act, including the expansion of access to quality vocational education for individuals described in section 201(b) and adults; "(2) the impact of this Act in modernizing the Nation's vocational education system and expanding its capacity to meet the changing needs of the workplace; "(3) the resources needed to meet adequately the Nation's job training needs; "(4) the coordination of vocational education programs with employment training and economic development among the States; "(5) the impact of vocational education programs on the achievement of academic skills and employment opportunities of students; "(6) the coordination of vocational education and postsecondary programing for handicapped and disadvantaged individuals; "(7) the skill and competency levels developed by States pursuant to section 113(b); "(8) the effectiveness of vocational education programs and services for individuals of limited English proficiency; and "(9) the effectiveness of bilingual vocational training, including bilingual vocational instructor training, to address the unmet needs of individuals of limited English proficiency. The National Institute of Education shall consult with the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives in the design and implementation of the assessment required by this section. The National Institute of Education shall report to Congress

20 USC 2403. Ante, p. 2435.

Ante, p. 2450.

Ante, p. 2445.

Report.

�