[Code of Federal Regulations] [Title 34, Volume 3] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR403.19] [Page 33-34] TITLE 34--EDUCATION CHAPTER IV--OFFICE OF VOCATIONAL AND ADULT EDUCATION, DEPARTMENT OF EDUCATION PART 403--STATE VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION PROGRAM--Table of Contents Subpart B--What Are the State's Organizational and Planning Responsibilities? Sec. 403.19 What are the responsibilities of a State council on vocational education? (a)(1) The State council on vocational education shall meet as soon as practical after the Secretary accepts its certification and shall select from among its membership a chairperson who must be a representative of the private sector. (2) The State council on vocational education shall adopt rules that govern the time, place, and manner of meeting, as well as council operating procedures and staffing. The rules must provide for at least one public meeting each year at which the public is given an opportunity to express views concerning the vocational education program of the State. (b) Each State council on vocational education, during each State plan period described in Sec. 403.30 unless otherwise indicated in the regulations in this section, shall-- (1) Meet with the State board or its representatives to advise on the development of the subsequent State plan, or any amendments to the current State plan, while the State plan or amendment is being developed; (2) Make recommendations to the State board and make reports to the Governor, the business community, and general public of the State, concerning-- (i) The State plan; (ii) Policies the State should pursue to strengthen vocational education, with particular attention to programs for individuals with disabilities; and (iii) 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 all vocational education funds in the State and on the availability of vocational education activities and services within the State; (4) Consult with 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 that emphasize the use of [[Page 34]] business concerns and labor organizations; (6) Assess and report on the distribution of financial assistance under the Act, particularly the distribution 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 individuals who are members of special populations are provided with equal access to quality vocational education programs; (9) Analyze and review corrections education programs; and (10)(i) At least once every two years-- (A) Evaluate the extent to which vocational education, employment, and training programs in the State represent a consistent, integrated, and coordinated approach to meeting the economic needs of the State; (B) Evaluate the vocational education program delivery system assisted under the Act, and the job training program delivery system assisted under the JTPA, in terms of the delivery systems' adequacy and effectiveness in achieving the purposes of both Acts; and (C) Make recommendations to the State board on the adequacy and effectiveness of the coordination that takes place between vocational education and the JTPA; (ii) Comment on the adequacy or inadequacy of State action in implementing the State plan; (iii) Make recommendations to the State board on ways to create greater incentives for joint planning and collaboration between the vocational education system and the job training system at the State and local levels; and (iv) Advise, in writing, the Governor, the State board, the State job training coordinating council, the Secretary, and the Secretary of Labor of these findings and recommendations. (c)(1) Each State council on vocational education may-- (i) Obtain the services of the professional, technical, and clerical personnel necessary to enable it to carry out its functions under the Act; (ii) Contract for the services necessary to enable it to carry out its evaluation functions; and (iii) Submit a statement to the Secretary reviewing and commenting upon the State plan. (2)(i) The expenditure of funds awarded to a State council on vocational education by the Secretary must be solely determined by that State council and may not be diverted or reprogrammed for any other purpose by any State board, agency, or individual. (ii) Each State council on vocational education shall designate an appropriate State agency, or other public agency, eligible to receive funds under the Act, to act as its fiscal agent for purposes of disbursement, accounting, and auditing. (3) Each State council on vocational education shall carry out its functions, whether directly or by way of contract for services, independent of programmatic and administrative control by other State boards, agencies, and individuals. (Approved by the Office of Management and Budget under Control No. 1830- 0030) (Authority: 20 U.S.C. 2322(c)-(e) and (f)(2); 2323(c))