[Code of Federal Regulations]

[Title 34, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR400.7]



[Page 16]

 

                           TITLE 34--EDUCATION

 

  CHAPTER IV--OFFICE OF VOCATIONAL AND ADULT EDUCATION, DEPARTMENT OF 

                                EDUCATION

 

PART 400_VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION PROGRAMS_GENERAL 

PROVISIONS--Table of Contents

 

Sec. 400.7  What are the provisions governing the issuance of State core 

standards and measures of performance and State rules or regulations?



    (a)(1) State standards and measures. A State shall convene, on a 

regular basis, the Committee established under Sec. 400.6 to review, 

comment on, and propose revisions to a draft proposal that the State 

board develops for a statewide system of core standards and measures of 

performance for secondary, postsecondary, and adult vocational education 

programs.

    (2) The Committee shall make recommendations to the State board with 

respect to modifying statewide standards and measures based on 

information provided by the State under 34 CFR 403.201(d).

    (b)(1) State rules and regulations. Except as provided in paragraph 

(b)(2) of this section, before a State publishes any proposed or final 

State rule or regulation for programs, services, or activities covered 

by the Act, the State shall convene the Committee for the purpose of 

reviewing the rule or regulation.

    (2) In an emergency, in which a rule or regulation must be issued 

within a very limited time period to assist eligible recipients with the 

operation of projects, services, or activities, the State--

    (i) May issue a proposed rule or regulation without meeting the 

requirements in paragraph (b)(1) of this section; but

    (ii) Shall immediately convene the Committee to review the rule or 

regulation before it is issued in final form.



    Cross-Reference: See Sec. 400.9(c).



    (3) If a State policy is binding on eligible recipients and has the 

same effect as a formal rule or regulation, although it is not issued as 

one, that policy is covered by this section.



(Authority: 20 U.S.C. 2325(a); 2468a)