AMENDMENTS TO VOCATIONAL EDUCATION ACT

AMENDMENTS TO VOCATIONAL EDUCATION ACT Sec. 301. The Vocational Education Act of 1946, as amended (20 U. S. C. 15i-15m, 15o-15q), is amended by inserting: “TITLE I— VOCATIONAL EDUCATION IN AGRICULTURE, HOME ECONOMICS, TRADES AND INDUSTRY, AND DISTRIBUTIVE OCCUPATIONS” immediately above the heading of section 1 of such Act, by changing the words “this Act” wherever they appear in such Act to read “this title”, and by adding immediately after section 9 the following new title: “TITLE II— VOCATIONAL EDUCATION IN PRACTICAL NURSE TRAINING “AUTHORIZATION OF APPROPRIATIONS “Sec. 201. There is hereby authorized to be appropriated for the fiscal year ending June 30, 1957, and for each of the next four fiscal years a sum not to exceed $5,000,000, for grants to States with State plans to extend and improve practical nurse training approved pursuant to section 203. 70 Stat. 926 “GRANTS TO STATES FOR EXTENSION AND IMPROVEMENT OF PRACTICAL NURSE TRAINING “Sec. 202. (a) From the sums appropriated for any fiscal year pursuant to section 201, each State shall be entitled to an allotment of an amount bearing the same ratio to such sums as the total of the amounts apportioned under title I and the Act of March 18, 1950 (20 U. S. C. 31–33) to such State for such year bears to the total of the amounts so apportioned to all the States for such year. The allotment to any State under the preceding sentence for a fiscal year which is less than $10,000 (or, in the case of the Virgin Islands, which is less than $5,000) shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the allotments to each of the remaining States under the preceding sentence, but with such adjustments as may be necessary to prevent the allotment of any of such remaining States from being thereby reduced to less than that amount. “(b) The amount of any allotment to a State under subsection (a) for any fiscal year which the State certifies to the Commissioner will not be required for carrying out the State plan (if any) approved under this title, shall be available for reallotment from time to time, on such dates as the Commissioner may fix, to other States in proportion to the original allotments to such States under subsection (a) for such year. Any amount so reallotted to a State shall be deemed part of its allotment under subsection (a). “(c) From each State’s allotment under this section for any fiscal year, the Commissioner shall pay to such State a portion of the cost of carrying out the State plan approved under this title. To the extent permitted by the State’s allotment under subsection (a) for any fiscal year, the portion of the cost of carrying out the State plan paid under this section shall be 75 per centum of such cost in the case of the fiscal year ending June 30, 1957, and the fiscal year ending June 30, 1958, and 50 per centum of sucn cost in the case of each of the next three fiscal years. “STATE PLANS “Sec. 203. (a) To be approvable under this title, a State plan to extend and improve practical nurse training shall— “(1) designate the State board as the sole agency for the administration of the plan or for the supervision of administration of the plan by local educational agencies; “(2) provide that the individual supervising the functions of the State board under the plan shall be a registered professional nurse or shall have the consultative services of a registered professional nurse available to him; “(3) show the plans, policies, and methods to be followed in extending and improving practical nurse training under the State plan, and in administering and supervising the administration of the plan, and provide such accounting, budgeting, and other fiscal methods and procedures as are necessary for the proper and efficient administration of the plan; “(4) contain minimum qualifications for teachers, teacher-trainers, supervisors, and directors; and “(5) provide that the State board will make such reports, in such form and containing such information, as the Commissioner may from time to time reasonably require to carry out his functions under this title, and comply with such provisions as he may from time to time find necessary to assure the correctness and verification of such reports. 70 Stat. 927 “(b) The Commissioner shall approve any plan which he finds fulfills the conditions specified in subsection (a) of this section. “(c) Whenever the Commissioner, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of the State plan approved under this section, finds that— (1) the State plan has been so changed that it no longer complies with a requirement of subsection (a) of this section; or (2) in the administration of the plan there is a failure to comply substantially with such a requirement; the Commissioner shall notify such State agency that no further payments will be made to the State from its allotments under section 202 (or, in his discretion, that further payments will not be made to the State for parts of the State plan affected by such failure), until he is satisfied that there will no longer be any such failure. Until he is so satisfied the Commissioner shall make no further payments to such State from its allotments under section 202 (or shall limit payments to parts of the State plan in which there is no such failure). “(d) (1) If any State is dissatisfied with the Commissioner’s action under subsection (c) of this section, such State may appeal to the United States court of appeals for the circuit in which the State is located. The summons and notice of appeal may be served at any place in the United States. “(2) The findings of fact by the Commissioner, unless substantially contrary to the weight of the evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action. Such new or modified findings of fact shall likewise be conclusive unless substantially contrary to the weight of the evidence. “(5) The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in title 28, United States Code, section 1254. “METHOD OF MAKING AND COMPUTING PAYMENTS “Sec. 204. The method of computing and paying amounts pursuant to section 202 shall be as follows: The Commissioner shall, prior to the beginning of each calendar quarter or other period prescribed by him, estimate the amount to be paid to each State under the provisions of such section for such period; and shall pay to the State, from the allotment available therefor, the amount so estimated by him for such period, reduced or increased, as the case may be, by any sum (not previously adjusted under this section) by which he finds that his estimate of the amount to be paid the State for any prior period under such section was greater or less than the amount which should have been paid to the State for such prior period under such section. Such payments shall lie made in such installments as the Commissioner may determine. “ADMINISTRATION “Sec. 205. (a) In carrying out his duties under this title, the Commissioner shall— “(1) make studies, investigations, and reports with respect to matters relating to practical nurse training; “(2) cooperate with and render technical assistance to States in matters relating to practical nurse training; and 70 Stat. 928 “(3) disseminate information as to the studies, investigations, and reports referred to in paragraph (1) and other matters relating to practical nurse training. “(b) The Commissioner is authorized to make rules and regulations governing the administration of this title and to delegate to any officer or employee of the Office of Education such of his powers and duties, except the making of rules and regulations, as he finds necessary. “ADVISORY COMMITTEES “Sec. 206. (a) The Commissioner is authorized to appoint an advisory committee or committees to advise him on matters of general policy in connection with the administration of this title. “(b) Members of any such committee who are not otherwise in the employ of the United States, while attending meetings or conferences of their committee or otherwise serving at the request of the Commissioner, shall be entitled to receive compensation at a rate to be fixed by the Secretary of Health, Education, and Welfare, but not exceeding $50 per diem, including travel time, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U. S. C. 73b–2) for persons in the Government service employed intermittently. “EFFECT ON OTHER LAWS “Sec. 207. Nothing in this title shall in any way affect the availability for practical nurse training of amounts paid the States under the Act of February 23, 1917 (39 Stat. 929) as amended and extended, or title I of this Act, as amended and extended. “REPORTS “Sec. 208. The Commissioner shall include in his annual report a full report of the administration of this title. “AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATION “Sec. 209. There are hereby authorized to be included for each fiscal year in the appropriations for the Department of Health, Education, and Welfare such sums as are necessary to administer the provisions of this title. “DEFINITIONS “Sec. 210. For purposes of this title— “(a) The term ‘Commissioner’ means the Commissioner of Education. “(b) The term ‘practical nurse training’ means training of less than college grade which is given in schools or classes (including field or laboratory work incidental thereto) under public supervision and control and is conducted as part of a program designed to fit individuals, engaged in or preparing to engage in employment as practical nurses, for such employment. The term includes also training of a similar nature, which is of less than college grade and is given and conducted as provided above, designed to fit individuals engaged or preparing to engage in other health occupations in hospitals or other health agencies, for such occupations. In addition, the term includes vocational guidance in connection with any such program and the in-service training of teachers, teacher-trainers, supervisors, and directors for any such program, but does not include courses which have only incidental relationship to the specialized training needed by an 70 Stat. 929 individual for useful employment as a practical nurse or in such other health occupations. “(c) The term ‘practical nurse’ means a person who is trained to care for subacute, convalescent, and chronic patients under the direction of a licensed physician or under the supervision of a registered nurse, or to assist a registered nurse in the care of acute illness. “(d) The term ‘local educational agency’ means a board of education or other legally constituted local school authority having administrative control and direction of public secondary schools in a county, township, independent, or other school district, or having such control and direction over vocational education in such schools. “(e) The term ‘State’ includes Alaska, Hawaii, the Virgin Islands, Puerto Rico, and the District of Columbia. “(f) The term ‘State board’ means the State board of vocational education, or the State board primarily responsible for the supervision of public elementary and secondary schools, as designated in the State plan. “(g) The cost of administration of a State plan for practical nurse training may not include any portion of the cost of the purchase, preservation, erection, or repair of any building or buildings or the purchase or rental of any land.”