34 C.F.R. Subpart D—How Does the Secretary Make a Grant to a State?
Title 34 - Education
(a)(1) From funds made available under section 3(c) of the Act for the basic programs listed in §403.60, and under section 3(d) of the Act for the special programs listed in §403.130, the Secretary allots funds each fiscal year according to the provisions of section 101 of the Act to the 50 States, the Commonwealth of Puerto Rico, the District of Columbia, and the Virgin Islands. (2) Upon approval of its State plan and any annual amendments, the Secretary makes one or more grant awards from those allotments to a State. (b)(1) From funds made available under sections 3(b)(2) of the Act, the Secretary allots funds each fiscal year for State councils on vocational education according to the provisions of section 112(f)(1) of the Act. (2) The Secretary makes an award to a State council upon the State council's submission of an annual budget covering the proposed expenditures of the State council for the following program year, and when the Secretary has determined that the State plan is in substantially approvable form. (c) From funds made available under section 3(b)(1)(B) of the Act for the territories, the Secretary allots funds each fiscal year according to the provisions of section 101A(a) of the Act. (d)(1) The Secretary awards funds remaining after allotments are made under paragraph (c) of this section to the Center for the Advancement of Pacific Education (CAPE) or its successor entity, such as the Pacific Regional Educational Laboratory. (2) CAPE or its successor entity shall make grants for vocational education and training in Guam, American Samoa, Palau, the Commonwealth of the Northern Marianas, the Federated States of Micronesia, and the Republic of the Marshall Islands for the purpose of providing direct educational services, including— (i) Teacher and counselor training and retraining; (ii) Curriculum development; and (iii) Improving vocational education and training programs in secondary schools and institutions of higher education (as defined in §403.117(b)), or improving cooperative programs involving both secondary schools and institutions of higher education. (3) CAPE may not use more than five percent of the funds received under paragraph (d)(1) of this section for administrative costs. (Authority: 20 U.S.C. 2311; 2311a; and 2461) (a)(1) If the Secretary determines that any amount of a State's allotment under §403.50(a) will not be required for any fiscal year for carrying out the program for which the allotment was made, the Secretary reallots those funds to one or more States that demonstrate a current need for additional funds and the ability to use them promptly and effectively upon reallotment. (2) The Secretary announces in the (b)(1) No funds reallotted under paragraph (a) of this section may be used for any purpose other than the purposes for which they were appropriated. (2) Any amount reallotted to a State under paragraph (a) of this section remains available for obligation during the succeeding fiscal year and is deemed to be part of the State's allotment for the fiscal year in which the reallotted funds are obligated. (Authority: 20 U.S.C. 2311(b)) (a)(1) The Secretary approves a State plan, or an amendment to a State plan, within sixty days of its receipt unless the plan or amendment is— (i) Inconsistent with the requirements and purposes of the Act; or (ii) Not of sufficient quality to meet the objectives of the Act, including the objective of developing and implementing program evaluations and improvements. (2) Before the Secretary finally disapproves a State plan, or an amendment to a State plan, the Secretary gives reasonable notice and an opportunity for a hearing to the State board. (b)(1) In reviewing a State plan, or an amendment to a State plan, the Secretary considers available comments from— (i) The State council on vocational education; (ii) The State agency responsible for supervision of community colleges, technical institutes, or other two-year postsecondary institutions primarily engaged in providing postsecondary vocational education; (iii) The State agency responsible for secondary education; (iv) The State Committee of Practitioners established under 34 CFR 400.6; and (v) The State job training coordinating council. (2) In reviewing an amendment to a State plan, the Secretary considers available comments from the State job training coordinating council and the State council on vocational education. (Authority: 20 U.S.C. 2323(c), 2324, and 2325(d)(3))
Title 34: Education
PART 403—STATE VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION PROGRAM
Subpart D—How Does the Secretary Make a Grant to a State?
§ 403.50 How does the Secretary make allotments?
§ 403.51 How does the Secretary make reallotments?
§ 403.52 When does the Secretary approve State plans and amendments?
