[Code of Federal Regulations] [Title 34, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR403.111] [Page 43-45] 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 E--What Kinds of Activities Does the Secretary Assist Under the Basic Programs? Sec. 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 Sec. 403.112, Sec. 403.113, or Sec. 403.116 shall use funds under that award to improve vocational education programs. (2) Projects assisted with funds awarded under Sec. 403.112, Sec. 403.113, or Sec. 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 Sec. 403.190(b) necessary for them to succeed in vocational education; and Cross-Reference: See appendix A to part 403 and Secs. 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 Sec. 403.112, Sec. 403.113, or Sec. 403.116 meets the requirements in this section and Secs. 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 Sec. 403.112, Sec. 403.113, or Sec. 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 [[Page 44]] 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 Sec. 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 Sec. 403.112, Sec. 403.113, or Sec. 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 Secs. 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. Cross-Reference: See appendix A to part 403. (d) In carrying out the provisions of paragraph (c) of this section, an eligible recipient under Secs. 403.112, 403.113, or Sec. 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 Sec. 403.112, Sec. 403.113, or Sec. 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 [[Page 45]] 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)