amendment to vocational education act of 1946

amendment to vocational education act of 1946 Sec. 802. The Vocational Education Act of 1946 (20 U. S. C. 15i–15m, 15o–15q, 15aa–15jj) is amended by adding after title II the following new title: 72 Stat. 1598 “TITLE III—AREA VOCATIONAL EDUCATION PROGRAMS “authorization of appropriations “Sec. 301. There is authorized to be appropriated for the fiscal year ending June 30, 1959, and for each of the three succeeding fiscal years the sum of $15,000,000 for area vocational education programs, to be apportioned for expenditure in the States as provided in section 302. “allotments to states “Sec. 302. (a) From the sums appropriated for any fiscal year pursuant to section 301, 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 of this Act, the Act of March 18, 1950 (20 U. S. C. 31–3.3), and section 9 of the Act of August 1, 1956 (20 U. S. C. 34), to such State for such year bears to the total of the amounts so apportioned to all the States for such year. “(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 area vocational education programs (under the part of the State plan meeting the requirements of section 305) 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). “payments to states “Sec. 303. (a) Any amount paid to a State from its allotment under section 302 for any fiscal year shall be paid on condition: “(1) that there shall be spent for such year an equal amount in State or local funds, or both, for area vocational education programs operated under the provisions of this title; “(2) that funds appropriated under this title will not be used to reduce the amount of State or local funds, or both, being spent for vocational education programs operated under provisions of the Smith-Hughes Vocational Education Act and titles I and II of this Act and reported to the Commissioner, but such State or local funds, or both, in excess of the amount necessary for dollar for dollar matching of funds allotted to a State under provisions of the Smith-Hughes Vocational Education Act and titles I and II of this Act may be used to match funds appropriated under this title; “(3) that funds appropriated under section 301 of this title shall be used exclusively for the training of individuals designed to fit them for useful employment as highly skilled technicians in recognized occupations requiring scientific knowledge, as determined by the State board for such State, in fields necessary for the national defense. “(b) 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 for area vocational education programs under this title 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 subsection) by which he finds that his estimate of the amount to be paid to the State for any prior period 72 Stat. 1599 for such purpose under this title was greater or less than the amount which should have been paid to the State for such prior period under this title. for such purpose. Such payments shall be made in such installments as the Commissioner may determine. “use of funds “Sec. 304. (a) Funds paid to a State under this title for area vocational education programs may be used, in carrying out such programs (under the part of the State plan meeting the requirements of section 305), for— “(1) , maintenance of adequate programs of administration, supervision, and teacher-training; “(2) salaries and necessary travel expenses of State or local school personnel, including teachers, coordinators, supervisors, vocational guidance counselors, teacher-trainers, directors, administrators, and others; “(3) travel expenses of members of advisory committees or State boards; “(4) purchase, rental, or other acquisition, and maintenance and repair, of instructional equipment; “(5) purchase of instructional supplies and teaching aids; “(6) necessary costs of transportation of students; “(7) securing necessary educational information and data as a basis for the proper development of area vocational education programs and programs of vocational guidance; “(8) training and work-experience training programs for out-of-school youths; “(9) related instruction for apprentices; and “(10) determining the need for, and planning and developing, area vocational education programs. “(b) Any equipment and teaching aids purchased wits funds appropriated to carry out the provisions of this title shall become the property of the State. “additional state plan requirements “Sec. 305. (a) To be eligible to participate in this title the State plan must be amended to include a new part which— “(1) designates the State board as the sole agency for administration of such part of the plan (or for the supervision of the administration thereof by State or local educational agencies); “(2) provides minimum qualifications for teachers, teacher-trainers, supervisors, directors and others having responsibilities under the plan; . “(3) shows the plans, policies, and methods to be followed in carrying out such part of the State plan; “(4) provides such accounting, budgeting, and other fiscal methods and procedures as are necessary for the proper and efficient administration of such part of the State plan; and “(5) provides that the State board will make such reports to the Commissioner, in such form and containing such information, as are reasonably necessary to enable the Commissioner to perform his functions under this title. “(b) The Commissioner shall approve a part of any plan for purposes of this title if he finds that it fulfills the conditions specified in subsection (a) of this section. “(c) Whenever the Commissioner after reasonable notice and opportunity for hearing to the State board finds that— 72 Stat. 1600 “(1) the part of the State plan approved under subsection (b) has been so changed that it no longer complies with any provision required by subsection (a) of this section to be included in such part; or “(2) in the administration of such part of the plan there is a failure to comply substantially with any such provision; the Commissioner shall notify such State board that no further payments will be made to the State from its allotments under section 302 (or, in his discretion, that further payments will not be made to the State for projects under or portions of such part of the State plan affected by such failure) until he is satisfied that there is no longer any such failure. Until he is so satisfied the Commissioner shall make no further payments to such State from its allotments under section 302 (or shall limit payments to projects under or portions of such part of the State plan in which there is no such failure). “(d) (1) If any State is dissatisfied with the Commissioners action under subsection (c) of this section, such State may appeal to the United States court of appeals for the circuit in which such State is located. The summons and notice of appeal may be served at any place in the United States. The Commissioner shall forthwith certify and file in the court the transcript of the proceedings and the record on which he based his action. “(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, and shall certify to the court the transcript and record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive unless substantially contrary to the weight of the evidence. “(3) 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. “appropriations for administration “Sec. 306. 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. 307. For purposes of this title— “(a) The term ‘State’ includes Alaska, Hawaii, the Virgin Islands, Puerto Rico, the District of Columbia, and Guam. “(b) The term ‘Commissioner’ means the Commissioner of Education. “(c) The terms ‘State plan’ and ‘State board’ shall have the meaning which said terms have in the Act approved February 23, 1917 (39 Stat. 929, ch. 114). “(d) The term ‘area vocational education program’ means a program consisting of one or more less-than-college-grade courses conducted under public supervision and control and on an organized, systematic class basis, which is designed to fit individuals for useful employment as technicians or skilled workers in recognized occupations requiring scientific or technical knowledge, and which is made 72 Stat. 1601 available to residents of the State or an area thereof designated and approved by the State board, who either have completed junior high school or, regardless of their school credits, are at least sixteen years of age and can reasonably be expected to profit by the instruction offered.