34 C.F.R. Subpart E—What Kinds of Activities Does the Secretary Assist Under the Basic Programs?
Title 34 - Education
The following basic programs are authorized by title II of the Act: (a) State Programs and State Leadership Activities. (b) Programs for Single Parents, Displaced Homemakers, and Single Pregnant Women. (c) Sex Equity Programs. (d) Programs for Criminal Offenders. (e) Secondary School Vocational Education Programs. (f) Postsecondary and Adult Vocational Education Programs. (Authority: 20 U.S.C. 2302) Projects, services, and activities described in §§403.70, 403.71, 403.81, 403.91, 403.101, and 403.111 may include— (a) Work-site programs such as cooperative vocational education, programs with community-based organizations, work-study, and apprenticeship programs; (b) Placement services and activities for students who have successfully completed vocational education programs; and (c) Programs that involve students in addressing the needs of the community in the production of goods or services that contribute to the community's welfare or that involve the students with other community development planning, institutions, and enterprises. (Authority: 20 U.S.C. 2468e(c)) (a) Any project assisted with funds made available for the basic programs must be of sufficient size, scope, and quality to give reasonable promise of meeting the vocational education needs of the students involved in the project. (b) Each State board receiving financial assistance for the basic programs may consider granting academic credit for vocational education courses that integrate core academic competencies. (Authority: 20 U.S.C. 2468e (b) and (d)) (a) Unless otherwise indicated in the regulations in this part, a State board shall carry out projects, services, and activities under the State Vocational and Applied Technology Education Program— (1) Directly; (2) Through a school operated by the State board; (3) Through awards to State agencies or institutions, such as vocational schools or correctional institutions; or (4) Through awards to eligible recipients. (b) For the purpose of paragraph (a) of this section, a State board acts directly if it— (1) Carries out projects, services, or activities using its own staff (except at a school operated by the State board); or (2) Contracts for statewide projects, services, or activities such as research, curriculum development, and teacher training. (c) The regulations in this part also authorize a State to carry out certain projects, services, and activities under the State Vocational and Applied Technology Education Program by making an award to an entity other than an eligible recipient, such as a community-based organization, employers, private vocational training institutions, private postsecondary education institutions, labor organizations, and joint labor management apprenticeship programs. (d) If projects, services, and activities are carried out by a school operated by the State board under paragraph (a)(2) of this section or are carried out by a State agency or institution under paragraph (a)(3) of this section, the requirements dealing with local applications (§§403.190 and 403.32(b)(5)(i)) apply in the same manner as to other eligible recipients. (Authority: 20 U.S.C. 2323(b)(5), (6); 2335(a)(3); 2335b; 2342(c)(2)(N); and 2343)
Title 34: Education
PART 403—STATE VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION PROGRAM
Subpart E—What Kinds of Activities Does the Secretary Assist Under the Basic Programs?
General
§ 403.60 What are the basic programs?
§ 403.61 What projects, services, and activities are permissible under the basic programs?
§ 403.62 What administrative provisions apply?
§ 403.63 How does a State carry out the State Vocational and Applied Technology Education Program?
State Programs and State Leadership Activities
§ 403.70 How must funds be used under the State Programs and State Leadership Activities?
A State shall use funds reserved under section 102(a)(3) of the Act for the State Programs and State Leadership Activities in accordance with §403.180(b)(3) to conduct programs, projects, services, and activities that include—
(a) Professional development activities—
(1) For vocational teachers and academic teachers working with vocational education students, including corrections educators and counselors and educators and counselors in community-based organizations; and
(2) That include inservice and preservice training of teachers in programs and techniques, including integration of vocational and academic curricula, with particular emphasis on training of minority teachers;
(b) Development, dissemination, and field testing of curricula, especially curricula that—
(1) Integrate vocational and academic methodologies; and
(2) Provide a coherent sequence of courses through which academic and occupational skills may be measured; and
(c) Assessment of programs conducted with assistance under the Act including the development of—
(1) Performance standards and measures for those programs; and
(2) Program improvement and accountability with respect to those programs.
(Authority: 20 U.S.C. 2331(b))
§ 403.71 In what additional ways may funds be used under the State Programs and State Leadership Activities?
In addition to the required activities in §403.70, a State may use funds reserved under section 102(a)(3) of the Act for the State Programs and State Leadership Activities in accordance with §403.180(b)(3) for programs, projects, services, and activities that include—
(a) The promotion of partnerships among business, education (including educational agencies), industry, labor, community-based organizations, or governmental agencies;
(b) The support for tech-prep education as described in 34 CFR part 406;
(c)(1) The support of vocational student organizations that are an integral part of the vocational education instructional program, especially with respect to efforts to increase minority participation in those organizations.
(2) The support of vocational student organizations may include, but is not limited to, expenditures for—
(i) The positions of State executive secretaries and State advisors for vocational student organizations;
(ii) Leadership development workshops;
(iii) The development of curriculum for vocational student organizations; and
(iv) Field or laboratory work incidental to vocational training so long as the activity is supervised by vocational education personnel who are qualified in the occupational area and is available to all students in the instructional program without regard to membership in any student organization.
(3) The support of vocational student organizations may not include—
(i) Lodging, feeding, conveying, or furnishing transportation to conventions or other forms of social assemblage;
(ii) Purchase of supplies, jackets, and other effects for students' personal ownership;
(iii) Cost of non-instructional activities such as athletic, social, or recreational events;
(iv) Printing and disseminating non-instructional newsletters;
(v) Purchase of awards for recognition of students, advisors, and other individuals; or
(vi) Payment of membership dues;
(d) Leadership and instructional programs in technology education; and
(e) Data collection.
(Authority: 20 U.S.C. 2331(c); H.R. Rep. No. 660, 101st Cong., 1st Sess. 117 (1990))
Single Parents, Displaced Homemakers, and Single Pregnant Women Program
§ 403.80 Who is eligible for a subgrant or contract?
Eligible recipients and community-based organizations are eligible for an award under the Single Parents, Displaced Homemakers, and Single Pregnant Women Program.
(Authority: 20 U.S.C. 2335(a)(2), (3); 2335b(1))
§ 403.81 How must funds be used under the Single Parents, Displaced Homemakers, and Single Pregnant Women Program?
A State shall use funds reserved in accordance with §403.180(b)(2)(i) for individuals who are single parents, displaced homemakers, or single pregnant women only to—
(a) Provide, subsidize, reimburse, or pay for preparatory services, including instruction in basic academic and occupational skills, necessary educational materials, and career guidance and counseling services in preparation for vocational education and training that will furnish single parents, displaced homemakers, and single pregnant women with marketable skills;
(b) Make grants to eligible recipients for expanding preparatory services and vocational education services if the expansion directly increases the eligible recipients' capacity for providing single parents, displaced homemakers, and single pregnant women with marketable skills;
(c) Make grants to community-based organizations for the provision of preparatory and vocational education services to single parents, displaced homemakers, and single pregnant women if the State determines that the community-based organizations have demonstrated effectiveness in providing comparable or related services to single parents, displaced homemakers, and single pregnant women, taking into account the demonstrated performance of such organizations in terms of cost, the quality of training, and the characteristics of the participants;
(d) Make preparatory services and vocational education and training more accessible to single parents, displaced homemakers, and single pregnant women by assisting those individuals with dependent care, transportation services, or special services and supplies, books, and materials, or by organizing and scheduling the programs so that those programs are more accessible; or
(e) Provide information to single parents, displaced homemakers, and single pregnant women to inform those individuals of vocational education programs, related support services, and career counseling.
(Authority: 20 U.S.C. 2335(a))
§ 403.82 In what settings may the Single Parents, Displaced Homemakers, and Single Pregnant Women Program be offered?
The programs and services described in §403.81 may be provided in postsecondary or secondary school settings, including area vocational education schools, and community-based organizations that meet the requirements of §403.81(c), that serve single parents, displaced homemakers, and single pregnant women.
(Authority: 20 U.S.C. 2335(b))
Sex Equity Program
§ 403.90 Who is eligible for a subgrant or contract?
Eligible recipients and community-based organizations are eligible for an award under the Sex Equity Program.
(Authority: 20 U.S.C. 2335b(1))
§ 403.91 How must funds be used under the Sex Equity Program?
Except as provided in §403.92, each State shall use amounts reserved for the Sex Equity Program in accordance with §403.180(b)(2)(ii) only for—
(a) Programs, services, comprehensive career guidance and counseling, and activities to eliminate sex bias and stereotyping in secondary and postsecondary vocational education;
(b) Preparatory services and 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
(c) Support services for individuals participating in vocational education programs, services, and activities described in paragraphs (a) and (b) of this section, including dependent-care services and transportation.
(Authority: 20 U.S.C. 2335a(a))
§ 403.92 Under what circumstances may the age limit under the Sex Equity Program be waived?
The individual appointed under §403.13(a) may waive the requirement in §403.91(b) with respect to age limitations if the individual determines (through appropriate research) that the waiver is essential to meet the objectives of §403.91.
(Authority: 20 U.S.C. 2335a(b))
Programs for Criminal Offenders
§ 403.100 What are the requirements for designating a State corrections educational agency to administer the Programs for Criminal Offenders?
(a) The State Board shall designate one or more State corrections educational agencies to administer programs assisted under the Act for juvenile and adult criminal offenders in correctional institutions in the State including correctional institutions operated by local authorities.
(b) Each State corrections educational agency that desires to be designated under paragraph (a) of this section shall submit to the State board a plan for the use of funds.
(Approved by the Office of Management and Budget under Control No. 1830–0030)(Authority: 20 U.S.C. 2336(a))
§ 403.101 How must funds be used under the Programs for Criminal Offenders?
In administering programs receiving funds reserved under §403.180(b)(5) for criminal offenders, each State corrections educational agency designated under §403.100(a) shall—
(a) Give special consideration to providing—
(1) Services to offenders who are completing their sentences and preparing for release; and
(2) Grants for the establishment of vocational education programs in correctional institutions that do not have such programs;
(b) Provide vocational education programs for women who are incarcerated;
(c) Improve equipment; and
(d) In cooperation with eligible recipients, administer and coordinate vocational education services to offenders before and after their release.
(Authority: 20 U.S.C. 2336(b))
§ 403.102 What other requirements apply to the Program for Criminal Offenders?
Each State corrections educational agency designated under §403.100(a) shall meet the requirements in §§403.191 and 403.192.
(Authority: 20 U.S.C. 2471(22))
Secondary, Postsecondary, and Adult Vocational Education Programs
§ 403.110 Who is eligible for a subgrant or contract?
(a) Subject to the requirements of paragraph (c) of this section, the following entities are eligible for an award under the Secondary School Vocational Education Program:
(1) A local educational agency.
(2) An area vocational education school or intermediate educational agency that meets the requirements in §403.113.
(b) Subject to the requirements of paragraph (c) of this section, the following entities are eligible for an award under the Postsecondary and Adult Vocational Education Programs:
(1) An institution of higher education as defined in §403.117(b), including a nonprofit institution that satisfies the conditions set forth in §403.111(d)(14).
(2) A local educational agency serving adults.
(3) An area vocational education school serving adults that offers or will offer a program that meets the requirements of §403.111 and seeks to receive assistance under the Secondary School Vocational Education Program or the Postsecondary and Adult Vocational Education Programs.
(c) Only an entity that provides or will provide vocational education in a program that meets the requirements of §403.111 is eligible to receive an award under the Secondary School Vocational Education Program or the Postsecondary and Adult Vocational Education Program.
(Authority: 20 U.S.C. 2341(a) and (d); 2341a (a) and (d)(1); and 2342(c))
§ 403.111 How must funds be used under the Secondary School Vocational Education Program and the Postsecondary and Adult Vocational Education Programs?
(a)(1) Each eligible recipient that receives an award under §403.112, §403.113, or §403.116 shall use funds under that award to improve vocational education programs.
(2) Projects assisted with funds awarded under §403.112, §403.113, or §403.116 must—
(i) Provide for the full participation of individuals who are members of special populations by providing the supplementary and other services required by §403.190(b) necessary for them to succeed in vocational education; and
See appendix A to part 403 and §§403.190(c) and 403.193(e).
(ii) Operate at a limited number of sites or with respect to a limited number of program areas.
(3) If an eligible recipient that receives an award under §403.112, §403.113, or §403.116 meets the requirements in this section and §§403.190(b) and 403.193, it may use those Federal funds to serve students who are not members of special populations.
(b) Each eligible recipient that receives an award under §403.112, §403.113, or §403.116 shall give priority for assistance under those sections to sites or program areas that serve the highest concentrations of individuals who are members of special populations.
Examples: Methods by which an eligible recipient may give priority to sites or program areas that serve the highest concentrations of individuals who are members of special populations include, but are not limited to, the following:
Example 1: Method to give priority to a limited number of sites. Based on data from the preceding fiscal year—
(a) First, a local educational agency ranks each site based on the percentage of the site's total enrollment of students who are members of special populations. (b) Second, the local educational agency establishes a funding cut-off point for sites above the district-wide percentage of special populations enrollment. The local educational agency funds sites above the cut-off point but does not fund sites below that point.
Example 2: Method to give priority to a limited number of program areas. Based on data from the preceding fiscal year—
(a) First, a postsecondary institution ranks each program area based on the percentage of the program area's total enrollment of students who are members of special populations. (b) Second, the postsecondary institution establishes a funding cut-off point for program areas that rank above the institution-wide average percentage of special populations enrollment. The postsecondary institution funds projects in a program area that is above the cut-off point but does not fund projects in program areas below that point.
Example 3: Method to give priority to a limited number of sites. Based on data from the preceding fiscal year—
(a) First, an LEA or postsecondary institution identifies a site with a high concentration of special populations; (b) Second, the LEA or postsecondary institution identifies a program area at the site (such as health occupations) in which the participation rate for members of special populations has been lower than the overall rate of participation for members of special populations at the site; and (c) Third, the LEA or postsecondary institution funds a project at the site designed to improve the participation rate of members of special populations in that program area.
Note to examples in §403.111: Absolute counts of special population members may be used to determine the sites or program areas with the highest concentrations of special population members instead of, or in combination with, percentages of special population members.
(c) Funds made available from an award under §403.112, §403.113, or §403.116 must be used to provide vocational education in programs that—
(1) Are of sufficient size, scope, and quality as to be effective;
(2) Integrate academic and vocational education in those programs through coherent sequences of courses so that students achieve both academic and occupational competencies; and
(3) Provide for the equitable participation of members of special populations in vocational education consistent with the assurances and requirements in §§403.190(b) and 403.193, so that these populations have an opportunity to enter vocational education that is equal to that afforded to the general student population.
See appendix A to part 403.
(d) In carrying out the provisions of paragraph (c) of this section, an eligible recipient under §§403.112, 403.113, or §403.116 may use funds for activities that include, but are not limited to—
(1) Upgrading of curriculum;
(2) Purchase of equipment, including instructional aids;
(3) Inservice training of both vocational instructors and academic instructors working with vocational education students for integrating academic and vocational education;
(4) Guidance and counseling;
(5) Remedial courses;
(6) Adaptation of equipment;
(7) Tech-prep education programs;
(8) Supplementary services designed to meet the needs of special populations;
(9) Payment in whole or in part with funds under §403.112, §403.113, or §403.116 for a special populations coordinator, who must be a qualified counselor or teacher, to ensure that individuals who are members of special populations are receiving adequate services and job skill training;
(10) Apprenticeship programs;
(11) Programs that are strongly tied to economic development efforts in the State;
(12) Programs that train adults and students for all aspects of an occupation in which job openings are projected or available;
(13) Comprehensive mentor programs in institutions of higher education offering comprehensive programs in teacher preparation, which seek to use fully the skills and work experience of individuals currently or formerly employed in business and industry who are interested in becoming classroom instructors and to meet the need of vocational educators who wish to upgrade their teaching competencies; or
(14) Provision of education and training through arrangements with private vocational training institutions, private postsecondary educational institutions, employers, labor organizations, and joint labor-management apprenticeship programs if those institutions, employers, labor organizations, or programs 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.
(Authority: 20 U.S.C. 2342)
§ 403.112 How does a State allocate funds under the Secondary School Vocational Education Program to local educational agencies?
(a) Reservation of funds. From the portion of its allotment under §403.180(b)(1) for the basic programs, each fiscal year a State may reserve funds for the Secondary School Vocational Education Program.
(b) General rule. Except as provided in paragraphs (c) and (d) of this section and §401.119, a State shall distribute funds reserved for the Secondary School Vocational Education Program to local educational agencies (LEAs) according to the following formula:
(1) From 70 percent of the amount reserved, an LEA must be allocated an amount that bears the same relationship to the 70 percent as the amount the LEA was allocated under section 1005 of chapter 1 (20 U.S.C. 2711) in the fiscal or program year preceding the fiscal or program year in which the allocation is made bears to the total amount received under section 1005 of chapter 1 by all LEAs in the State in that preceding year.
(2) From 20 percent of the amount reserved, an LEA must be allocated an amount that bears the same relationship to the 20 percent as the number of students with disabilities who have individualized education programs under section 614(a)(5) of the IDEA served by the LEA in the fiscal or program year preceding the fiscal or program year in which the allocation is made bears to the total number of those students served by all LEAs in the State in that preceding year.
(3) From 10 percent of the amount reserved, an LEA must be allocated an amount that bears the same relationship to the 10 percent as the number of students enrolled in schools and adults enrolled in vocational education training programs under the jurisdiction of the LEA in the fiscal or program year preceding the fiscal or program year in which the allocation is made bears to the number of students enrolled in schools in kindergarten through 12th grade and adults enrolled in vocational education training programs under the jurisdiction of all LEAs in the State in that preceding year.
Example: Assume that a State has reserved $5,000,000 of its basic programs funds under Title II of the Act for secondary school programs.
(a)(1) All LEAs in the State were allocated a total of $80,000,000 under section 1005 of Chapter 1 in the preceding fiscal year. Of that amount, school district “A” was allocated $400,000. (2) The allocation for school district “A” is calculated by multiplying $3,500,000 (70 percent of $5,000,000) by .005 of the State total ($400,000÷$80,000,000). The allocation for school district “A” would be $17,500 under paragraph (b)(1) of this section. (b)(1) All LEAs in a State served a total of 100,000 students with disabilities who have individualized education programs under section 614(a)(5) of the IDEA in the preceding fiscal year. Of that total, school district “A” served 400 of those students in the preceding fiscal year. (2) The allocation for school district “A” is calculated by multiplying $1,000,000 (20 percent of $5,000,000) by .004 of the State total (400÷100,000). The allocation for school district “A” would be $4,000 under paragraph (b)(2) of this section. (c)(1) All LEAs in a State enrolled a total of 1,000,000 students (including adults enrolled in vocational education training programs in those LEAs) in the preceding fiscal year. Of that number school district “A” enrolled 3,500 of those students in the preceding fiscal year. (2) The allocation for school district “A” is calculated by multiplying 500,000 (10 percent of $5,000,000) by .0035 of the State total (3,500÷1,000,000). The allocation for school district “A” would be $1,750 under paragraph (b)(3) of this section.
(c) Exception to the general rule. In applying the provisions in paragraph (b) of this section, a State may not distribute funds to an LEA that operates only elementary schools, but shall instead distribute funds that would have been allocated for those ineligible LEAs as follows:
(1) If an LEA that operates only elementary schools sends its graduating students to a single local or regional educational agency that provides secondary school services to secondary school students in the same attendance area, a State shall distribute to that local or regional educational agency any amounts under paragraph (b) of this section that would otherwise have been allocated to LEAs operating only elementary schools.
(2) If an LEA that operates only elementary schools sends its graduating students to two or more local or regional educational agencies that provide secondary school services to secondary students in the same attendance area, the State shall distribute to those local or regional educational agencies an amount based on the proportionate number of students each agency received in the previous year from the LEA that operates only elementary schools.
(d)(1) Minimum grant amount. Except as provided in paragraph (d)(3) of this section, an LEA is not eligible for a grant under the Secondary School Vocational Education Program unless the amount allocated to the LEA under paragraph (b) of this section is not less than $15,000.
(2)(i) An LEA may enter into a consortium with one or more LEAs for the purpose of providing services under the Secondary School Vocational Education Program in order to meet the minimum grant requirement in paragraph (d)(1) of this section.
(ii) A consortium arrangement under paragraph (d)(2)(i) of this section must serve primarily as a structure for operating joint projects that provide services to all participating local educational agencies.
(iii) A project operated by a consortium must meet the size, scope, and quality requirement of §403.111(c)(1).
Example: Under the distribution formula for the Secondary School Vocational Education Program, three LEAs earn $5,000 each (which is less than the $15,000 minimum grant amount for each LEA). The LEAs form a consortium in order to receive an award. One of the LEAs is designated as the fiscal agent for the consortium and receives the $15,000 award for the consortium. The consortium may operate and fund with the $15,000 a project or projects for the benefit of all participating LEAs. The fiscal agent of the consortium may not subgrant back to the participating LEAs the amounts they contributed to the consortium.
(3) A State may waive paragraph (d)(1) of this section in any case in which the LEA—
(i) Is located in a rural, sparsely populated area;
(ii) Demonstrates that it is unable to enter into a consortium for purposes of providing services under the Secondary School Vocational Education Program; and
(iii) Demonstrates that the projects to be assisted meet the size, scope, and quality requirements in §403.111(c)(1).
(4) Any amounts that are not distributed by reason of paragraph (d)(1) of this section must be redistributed in accordance with the provisions in paragraph (b) of this section.
See 34 CFR 403.113(d).
(Authority: 20 U.S.C. 2341 (a), (b), and (c))
§ 403.113 How does a State allocate funds under the Secondary School Vocational Education Program to area vocational education schools and intermediate educational agencies?
(a) A State shall distribute funds reserved under §403.112(a) directly to the appropriate area vocational education school or intermediate educational agency in any case in which—
(1) The area vocational education school or intermediate educational agency and an LEA—
(i) Have formed or will form a consortium for the purpose of receiving funds reserved under §403.112(a); or
(ii) Have entered into or will enter into a cooperative arrangement for the purpose of receiving funds reserved under §403.112(a); and
(2)(i) The area vocational education school or intermediate educational agency serves a proportion of students with disabilities and students who are economically disadvantaged that is approximately equal to or greater than the proportion of those students attending the secondary schools under the jurisdiction of all of the LEAs sending students to the area vocational education school or the intermediate educational agency; or
(ii) The area vocational education school or intermediate educational agency demonstrates that it is unable to meet the criterion in paragraph (a)(2)(i) of this section due to the lack of interest by students with disabilities and students who are economically disadvantaged in attending vocational education programs in that area vocational education school or intermediate educational agency.
(b) If an area vocational education school or intermediate educational agency meets the requirements of paragraph (a) of this section, then the amount that would otherwise be allocated to the LEA may be distributed to the area vocational education school, the intermediate educational agency, and the LEA—
(1) Based on each school's or entity's relative share of students with disabilities and students who are economically disadvantaged who are attending vocational education programs that meet the requirements of §403.111 (based, if practicable, on the average enrollment for the prior 3 years); or
(2) On the basis of an agreement between the LEA and the area vocational education school or intermediate educational agency.
(c) Notwithstanding paragraphs (a) and (b) of this section, and §§403.114 and 403.115, prior to distributing funds to any LEA that would receive an allocation that is not sufficient to conduct a program that meets the requirements of §403.111(c), a State shall encourage the LEA to—
(1) Form a consortium or enter a cooperative agreement with an area vocational education school or intermediate educational agency offering programs that meet the requirements of §403.111(c), and that are accessible to economically disadvantaged students and students with disabilities that would be served by the LEA; and
(2) Transfer its allocation to an area vocational education school or intermediate educational agency.
(d) If an LEA's allocation under §403.112 meets the minimum grant requirement in §403.112(d), and the allocation is distributed in part to an area vocational education school or an intermediate educational agency pursuant to paragraphs (a) and (b) of this section, the LEA may retain the amount not distributed to the area vocational education school or an intermediate educational agency even though that amount is less than the minimum grant required by §403.112(d).
(Authority: 20 U.S.C. 2341(d) (1), (2), and (5))
§ 403.114 How does a State determine the number of economically disadvantaged students attending vocational education programs under the Secondary School Vocational Education Program?
(a) For the purposes of §403.113, a State may determine the number of economically disadvantaged students attending vocational education programs on any of the following bases:
(1) Eligibility for one of the following:
(i) Free or reduced-price meals under the National School Lunch Act (42 U.S.C. 1751 et seq.).
(ii) The program for aid to Families with Dependent Children under part A of title IV of the Social Security Act (42 U.S.C. 601).
(iii) Benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011).
(iv) To be counted for purposes of section 1005 of chapter 1.
(v) Participation in programs assisted under title II of the JTPA.
(2) Receipt of a Pell grant or assistance under a comparable State program of need-based financial assistance.
(3) Status of an individual who is determined by the Secretary to be low-income according to the latest available data from the Department of Commerce or the Department of Health and Human Services Poverty Guidelines.
(4) Other indices of economic status, including estimates of those indices, if the State demonstrates to the satisfaction of the Secretary that those indices are more representative of the number of economically disadvantaged students attending vocational education programs. The Secretary determines, on a case-by-case basis, whether other indices of economic status are more representative of the number of economically disadvantaged students attending vocational education programs, taking into consideration, for example, the statistical reliability of any data submitted by a grantee as well as the general acceptance of the indices by other agencies in the State or local area.
(b) If a State elects to use more than one factor described in paragraph (a) of this section for purposes of determining the number of economically disadvantaged students enrolled in vocational education programs, the State shall ensure that the data used are not duplicative.
(Authority: 20 U.S.C. 2341(d)(3) and 2471(15))
§ 403.115 What appeal procedures must be established under the Secondary School Vocational Education Program?
The State board shall establish an appeals procedure for resolution of any dispute arising between an LEA and an area vocational education school or an intermediate educational agency with respect to the allocation procedures described in §§403.112 and 403.113, including the decision of an LEA to leave a consortium.
See 34 CFR 76.401, Disapproval of an application—opportunity for a hearing.
(Authority: 20 U.S.C. 2341(d)(4))
§ 403.116 How does a State allocate funds under the Postsecondary and Adult Vocational Education Programs?
(a) Reservation of funds. From the portion of its allotment under §403.180(b)(1) for the basic programs, each fiscal year a State may reserve funds for the Postsecondary and Adult Vocational Education Programs.
(b) General rule. (1) A State shall distribute funds reserved for Postsecondary and Adult Vocational Education Programs to eligible institutions or consortia of eligible institutions within the State.
(2) Except as provided in paragraph (c) of this section and §§403.118 and 403.119, each eligible institution or consortium of eligible institutions must receive an amount that bears the same relationship to the amount of funds reserved for the Postsecondary and Adult Vocational Education Programs as the number of Pell Grant recipients and recipients of assistance from the Bureau of Indian Affairs enrolled in programs meeting the requirements of §403.111, including meeting the definition of vocational education in 34 CFR 400.4, offered by the eligible institution or consortium of eligible institutions in the fiscal or program year preceding the fiscal or program year in which the allocation is made bears to the number of those recipients enrolled in these programs within the State in that preceding year.
(c) Minimum grant amount. (1) A State may not provide a grant under paragraph (b) of this section to any institution or consortium of eligible institutions for an amount that is less than $50,000.
(2) Any amounts that are not allocated by reason of paragraph (c)(1) of this section must be redistributed to eligible institutions or consortia of eligible institutions in accordance with the provisions of paragraph (b) of this section.
(d) In order for a consortium of eligible institutions to receive assistance under this section, the consortium must operate joint projects that—
(1) Provide services to all postsecondary institutions participating in the consortium; and
(2) Are of sufficient size, scope, and quality as to be effective.
(Authority: 20 U.S.C. 2341a (a) and (c))
[57 FR 36735, Aug. 14, 1992, as amended at 59 FR 38513, July 28, 1994]
§ 403.117 What definitions apply to the Postsecondary and Adult Vocational Education Programs?
For the purposes of §§403.116, 403.118, and 403.120 the following definitions apply:
(a) Eligible institution means an institution of higher education, an LEA serving adults, or an area vocational education school serving adults that offers or will offer a program that meets the requirements of §403.111 and seeks to receive assistance under §403.116.
(b)(1) Institution of higher education means an educational institution in any State that—
(i) Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of that certificate, or who are beyond the age of compulsory school attendance;
(ii) Is legally authorized within the State to provide a program of education beyond secondary education;
(iii) Provides an educational program for which it awards a bachelor's degree or provides not less than a two-year program which is acceptable for full credit toward such a degree, or in the case of a hospital or health care facility, that provides training of not less than one year for graduates of accredited health professions programs, leading to a degree or certificate upon completion of that training;
(iv) Is a public or other nonprofit institution; and
(v) Is accredited by a nationally recognized accrediting agency or association approved by the Secretary for this purpose or, if not so accredited—
(A) Is an institution with respect to which the Secretary has determined that there is satisfactory assurance, considering the resources available to the institution, the period of time, if any, during which it has operated, the effort it is making to meet accreditation standards, and the purpose for which this determination is being made, that the institution will meet the accreditation standards of such an agency or association within a reasonable time; or
(B) Is an institution whose credits are accepted, on transfer, by not less than three institutions that are so accredited, for credit on the same basis as if transferred from an institution so accredited.
(2) This term also includes any school that provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation and that meets the provisions of paragraphs (b)(1) (i), (ii), (iv), and (v) of this definition. If the Secretary determines that a particular category of these schools does not meet the requirements of paragraph (b)(1)(v) because there is no nationally recognized accrediting agency or association qualified to accredit schools in that category, the Secretary, pending the establishment of such an accrediting agency or association, appoints an advisory committee, composed of persons specially qualified to evaluate training provided by schools in that category, that must—
(i) Prescribe the standards of content, scope, and quality that must be met in order to qualify schools in that category to participate in the program pursuant to this part; and
(ii) Determine whether particular schools not meeting the requirements of paragraph (b)(1)(v) of this definition meet those standards.
(c) Pell Grant recipient means a recipient of financial aid under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a–l et seq.).
(Authority: 20 U.S.C. 2341a(d))
§ 403.118 Under what circumstances may the Secretary waive the distribution requirements for the Postsecondary and Adult Vocational Education Programs?
The Secretary may waive §403.116(b)(2) for any fiscal or program year for which a State submits to the Secretary an application for such a waiver that—
(a) Demonstrates that the formula in §403.116(b)(2) does not result in a distribution of funds to the institutions or consortia of eligible institutions within the State that have the highest numbers of economically disadvantaged individuals and that an alternative formula would result in such a distribution.
(b) Includes a proposal for an alternative formula that may include criteria relating to the number of individuals attending institutions or consortia of eligible institutions within the State who—
(1) Receive need-based postsecondary financial aid provided from public funds;
(2) Are members of families participating in the program for aid to families with dependent children under part A of title IV of the Social Security Act (42 U.S.C. 601);
(3) Are enrolled in postsecondary educational institutions that—
(i) Are funded by the State;
(ii) Do not charge tuition; and
(iii) Serve only economically disadvantaged students;
(4) Are enrolled in programs serving economically disadvantaged adults;
(5) Are participants in programs assisted under the JTPA;
(6) Are Pell Grant recipients; and
(c) Proposes an alternative formula that—
(1) Includes direct counts of students enrolled in the institutions or consortia of eligible institutions;
(2) Directly relates to the status of students as economically disadvantaged individuals;
(3) Is to be uniformly applied to all eligible institutions;
(4) Does not include fund pools for specific types of institutions or consortia of eligible institutions;
(5) Does not include the direct assignment of funds to a particular institution or consortium of eligible institutions on a non-formula basis; and
(6) Identifies a more accurate count of economically disadvantaged individuals in the aggregate than does the formula in §403.116(b)(2).
(Approved by the Office of Management and Budget under Control No. 1830–0029)(Authority: 20 U.S.C. 2341a(b))
[57 FR 36735, Aug. 14, 1992, as amended at 59 FR 38513, July 28, 1994]
§ 403.119 Under what circumstances may the State waive the distribution requirements for Secondary School Vocational Education Program or the Postsecondary and Adult Vocational Education Programs?
(a) This section applies in any fiscal or program year in which a State reserves 15 percent or less under §403.180(b)(1) for distribution under—
(1) The Secondary School Vocational Education Program; or
(2) The Postsecondary and Adult Vocational Education Programs.
(b) Notwithstanding the provisions and §403.112, §403.113, or §403.116, as applicable, in order to result in a more equitable distribution of funds for programs serving the highest numbers of economically disadvantaged individuals, the State may distribute the funds described in paragraph (a) of this section—
(1) On a competitive basis; or
(2) Through any alternative method determined by the State.
(Authority: 20 U.S.C. 2341b)
§ 403.120 How does a State reallocate funds under the Secondary School Vocational Education Program and the Postsecondary and Adult Vocational Education Programs?
(a) In any fiscal or program year that an LEA, area vocational school, intermediate school district, or consortium of those entities, or an eligible institution, or consortium of eligible institutions, does not obligate all of the amounts it is allocated for that year under the Secondary School Vocational Education Program or the Postsecondary and Adult Vocational Education Programs, the LEA, area vocational education school, intermediate school district, or consortium of those entities, or the eligible institution, or consortium of eligible institutions, shall return any unobligated amounts to the State to be reallocated under §403.112(b), §403.113, or §403.116(b), as applicable.
(b) In any fiscal or program year in which amounts allocated under §403.112(b), §403.113, §403.116(b), or §403.118 are returned to the State and the State is unable to reallocate those amounts according to those sections in time for the amounts to be obligated in the fiscal or program year, the State shall retain the amounts to be distributed in combination with amounts reserved under §403.112(b), §403.113, §403.116(b), or §403.118 for the following fiscal or program year.
(Authority: 20 U.S.C. 2341c)
[57 FR 36735, Aug. 14, 1992, as amended at 59 FR 38513, July 28, 1994]
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