[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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