[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18203]
[Federal Register: July 28, 1994]
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Part III
Department of Education
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34 CFR Part 403, et al.
State Vocational and Applied Technology Education Program, National and
State-Administered Tech-Prep Education Programs; Final Rule
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DEPARTMENT OF EDUCATION
34 CFR Parts 403, 405, and 406
RIN 1830-AA12
State Vocational and Applied Technology Education Program,
National Tech-Prep Education Program, and State-Administered Tech-Prep
Education Program
AGENCY: Department of Education.
ACTION: Final regulations.
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SUMMARY: The Secretary amends regulations governing the State
Vocational and Applied Technology Education Program, National Tech-Prep
Education Program, and State-Administered Tech-Prep Education Program.
These regulations implement statutory changes to the Carl D. Perkins
Vocational and Applied Technology Education Act (Act) contained in the
Higher Education Technical Amendments of 1993, enacted December 20,
1993, and the School-to- Work Opportunities Act of 1994, enacted May 4,
1994.
EFFECTIVE DATE: These regulations take effect either 45 days after
publication in the Federal Register or later if the Congress takes
certain adjournments. If you want to know the effective date of these
regulations, call or write the Department of Education contact person.
A document announcing the effective date will be published in the
Federal Register.
FOR FURTHER INFORMATION CONTACT: Sharon A. Jones, Program Analyst, U.S.
Department of Education (Mary E. Switzer Building, Room 4050), 400
Maryland Avenue SW., Washington, DC 20202-7120. Telephone: (202)205-
8237. Individuals who use a telecommunications device for the deaf
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through
Friday.
SUPPLEMENTARY INFORMATION:
Part 403
The regulations amending part 403 affect the State Vocational and
Applied Technology Education Program, which assists States in
conducting directly, or through awards to local recipients, vocational
education programs. The amendments implement provisions that make
consortia of eligible institutions, as defined in 34 CFR 403.117(a),
eligible to receive funds under the Postsecondary and Adult Vocational
Education Programs (Secs. 403.116 (b) and (c) and 403.118 (a), (b),
(c)(1), (4) and (5)), describe the conditions that must be met by
consortia operating joint projects (Sec. 403.116(d)), and make
conforming changes (Secs. 403.32(b)(4), 403.120, and 403.193).
Parts 405 and 406
The regulations amending parts 405 and 406 affect the National
Tech-Prep Education Program and the State-Administered Tech-Prep
Education Program that provide for sequences of study leading to a two-
year associate degree or a two-year certificate and that provide strong
comprehensive links between secondary schools and postsecondary
educational institutions. The amendments to parts 405 and 406 implement
provisions that allow for tech-prep programs to begin in either the
ninth or eleventh grades (Secs. 405.1, 405.3(a), 406.1(a), and
406.3(b)(2)), and require that special consideration be given to
applications that, among other things, are developed in consultation
with business, industry, labor unions, and institutions of higher
education that award baccalaureate degrees (Secs. 405.20(e)(2) and
406.10(b)(2)(ii)).
Waiver of Proposed Rulemaking
In accordance with section 431(b)(2)(A) of the General Education
Provisions Act (20 U.S.C. 1232(b)(2)(A)), and the Administrative
Procedure Act (5 U.S.C. 553), it is the practice of the Secretary to
offer interested parties the opportunity to comment on proposed
regulations. However, these amendments merely incorporate
congressionally mandated statutory changes into the regulations and do
not establish substantive policy. Therefore, the Secretary has
determined, pursuant to 5 U.S.C. 553(b)(B), that public comment on the
regulations is unnecessary and contrary to the public interest.
Intergovernmental Review
This program is subject to the requirements of Executive Order
12372 and the regulations in 34 CFR Part 79. The objective of the
Executive order is to foster an intergovernmental partnership and
strengthened federalism by relying on processes developed by State and
local governments for coordination and review of proposed Federal
financial assistance.
In accordance with the order, this document is intended to provide
early notification of the Department's specific plans and actions for
this program.
Assessment of Educational Impact
Based on its own review, the Department has determined that the
regulations in this document do not require transmission of information
that is being gathered by or is available from any other agency or
authority of the United States.
List of Subjects
34 CFR Part 403
Business and industry, Colleges and universities, Education,
Education of disadvantaged, Education of handicapped, Equal education
opportunity, Manpower training programs, Minority groups, Prisoners,
Private schools, Reporting and recordkeeping requirements, Schools,
Vocational education, and Women.
34 CFR Parts 405 and 406
Business and industry, Colleges and universities, Education,
Education of disadvantaged, Education of handicapped, Labor unions,
Minority groups, Reporting and recordkeeping requirements, and
Vocational education.
(Catalog of Federal Domestic Assistance Numbers 84.048, Basic Grants
to States and 84.243, State-Administered Tech-Prep Education
Program. A Catalog of Federal Domestic Assistance Number has not
been assigned for the National Tech-Prep Education Program.)
Dated: July 19, 1994.
Augusta Souza Kappner,
Assistant Secretary, Office of Vocational and Adult Education.
The Secretary amends Parts 403, 405 and 406 of Title 34 of the Code
of Federal Regulations as follows:
PART 403--STATE VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION PROGRAM
1. The authority citation for part 403 continues to read as
follows:
Authority: 20 U.S.C. 2301 et seq., unless otherwise noted.
2. Section 403.32 is amended by revising paragraph (b)(4) to read
as follows:
Sec. 403.32 What must the State plan contain?
* * * * *
(b) * * *
(4) The estimated distribution, for each instructional level--
secondary, postsecondary, and adult--of funds to corrections
educational agencies as prescribed by Sec. 403.100, of funds to local
educational agencies, area vocational education schools, or
intermediate educational agencies as prescribed by Secs. 403.112 and
403.113, and of funds to eligible institutions or consortia of eligible
institutions as prescribed by Sec. 403.116.
* * * * *
3. Section 403.116 is amended by revising paragraphs (b) and (c)
and by adding a new paragraph (d) to read as follows:
Sec. 403.116 How does a State allocate funds under 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
Secs. 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 Sec. 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.
4. Section 403.118 is amended by revising paragraph (a), paragraph
(b) introductory text, and paragraphs (c)(1), (4), and (5) to read as
follows:
Sec. 403.118 Under what circumstances may the Secretary waive the
distribution requirements for the Postsecondary and Adult Vocational
Education Programs?
* * * * *
(a) Demonstrates that the formula in Sec. 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--
* * * * *
(c) * * *
(1) Includes direct counts of students enrolled in the institutions
or consortia of 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
* * * * *
5. Section 403.120 is amended by revising paragraph (a) to read as
follows:
Sec. 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 Secs. 403.112(b), 403.113,
or 403.116(b), as applicable.
* * * * *
6. Section 403.193 is amended by revising paragraph (c)
introductory text and paragraph (c)(1) to read as follows:
Sec. 403.193 What are the information requirements regarding special
populations?
* * * * *
(c) Each eligible institution or consortium of eligible
institutions that receives funds under Title II of the Act shall--
(1) Provide the information described in paragraph (a)(1) of this
section to each individual who requests information concerning, or
seeks admission to, vocational education programs offered by the
institution or consortium of eligible institutions; and
* * * * *
PART 405--NATIONAL TECH-PREP EDUCATION PROGRAM
7. The authority citation for part 405 continues to read as
follows:
Authority: 20 U.S.C. 2394-2394e, unless otherwise noted.
8. Section 405.1 is revised to read as follows:
Sec. 405.1 What is the National Tech-Prep Education Program?
The National Tech-Prep Education Program provides financial
assistance for projects that develop and operate four-year or six-year
sequences of study designed to provide a tech-prep education program
leading to a two-year associate degree or a two-year certificate and
provides, in a systematic manner, strong comprehensive links between
secondary schools and postsecondary educational institutions.
9. Section 405.3 is amended by revising paragraph (a) to read as
follows:
Sec. 405.3 What activities may the Secretary fund?
(a) The Secretary provides grants and cooperative agreements for
projects to develop and operate a four-year or six-year tech-prep
education program.
* * * * *
10. Section 405.20 is amended by revising paragraph (e)(2) to read
as follows:
Sec. 405.20 How does the Secretary evaluate an application?
* * * * *
(e) * * *
(2) Are developed in consultation with business, industry, labor
unions, and institutions of higher education that award baccalaureate
degrees; and
* * * * *
PART 406--STATE-ADMINISTERED TECH-PREP EDUCATION PROGRAM
11. The authority citation for part 406 continues to read as
follows:
Authority: 20 U.S.C. 2394-2394e, unless otherwise noted.
12. Section 406.1 is amended by revising paragraph (a) to read as
follows:
Sec. 406.1 What is the State-Administered Tech-Prep Education Program?
* * * * *
(a) Planning and developing four-year or six-year programs designed
to provide a tech-prep education program leading to a two-year
associate degree or certificate; and
* * * * *
13. Section 406.3 is amended by revising paragraph (b)(2) to read
as follows:
Sec. 406.3 What activities may the Secretary fund?
* * * * *
(b) * * *
(2) Consist of the two years or four years of secondary school
preceding graduation and two years of higher education, or an
apprenticeship training program of at least two years following
secondary instruction, with a common core of required proficiency in
mathematics, science, communications, and technologies designed to lead
to an associate degree or certificate in a specific career field;
* * * * *
14. Section 406.10 is amended by revising paragraph (b)(2)(ii) to
read as follows:
Sec. 406.10 What must the State application contain?
* * * * *
(b) * * *
(2) * * *
(ii) Are developed in consultation with business, industry, labor
unions, and institutions of higher education that award baccalaureate
degrees; and
* * * * *
[FR Doc. 94-18203 Filed 7-27-94; 8:45 am]
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