EXTENSION OF PRACTICAL NURSE TRAINING AND AREA VOCATIONAL EDUCATION PROGRAMS SEC. 11. *** (NOTE. This section amended sections 201, 202, and 301 of the Vocational Education Act of 1946. The language of these sections reflect the amendments.) PERIODIC REVIEW OF VOCATIONAL EDUCATION PROGRAMS AND LAWS SEC. 12. (a) The Secretary shall, during 1966, appoint an Advisory Council on Vocational Education for the purpose of reviewing the administration of the vocational education programs for which funds are appropriated pursuant to this Act and other vocational education Acts and making recommendations for improvement of such administration, and reviewing the status of and making recommendations with respect to such vocational education programs and the Acts under which funds are so appropriated. (b) The Council shall be appointed by the Secretary without regard to the civil service laws and shall consist of twelve persons who shall, to the extent possible, include persons familiar with the vocational education needs of management and labor (in equal numbers), persons familiar with the administration of State and local vocational education programs, other persons with special knowledge, experience, or qualification with respect to vocational education, and persons representative of the general public. (c) The Council is authorized to engage such technical assistance as may be required to carry out its functions, and the Secretary shall, in addition, make available to the Council such secretarial, clerical, and other assistance and such pertinent data prepared by the Department of Health, Education, and Welfare as it may require to carry out such functions. (d) The Council shall make a report of its findings and recommendations (including recommendations for changes in the provisions of this part and other vocational education Acts) to the Secretary, such report to be submitted not later than January 1, 1968, after which date such Council shall cease to exist. The Secretary shall transmit such report to the President and the Congress. (e) The Secretary shall also from time to time thereafter (but at intervals of not more than five years) appoint an Advisory Council on Vocational Education, with the same functions and constituted in the same manner as prescribed for the Advisory Council in the preceding subsections of this section. Each Council so appointed shall report its findings and recommendations, as prescribed in subsection (d), not later than July 1 of the second year after the year in which it is appointed, after which date such Council shall cease to exist. (f) Members of the Council who are not regular full-time employees of the United States shall, while serving on business of the Council, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $75 per day, including travel time; and while so serving 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 section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in Government service employed intermittently. (20 U.S.C. 35j) Enacted Dec. 18, 1963, P.L. 88-210, sec. 12, 77 Stat. 411. WORK-STUDY PROGRAMS FOR VOCATIONAL EDUCATION STUDENTS SEC. 13. (a) (1) From the sums appropriated pursuant to section 15 and determined to be for the purposes of this section for each fiscal year, the Commissioner shall allot to each State an amount which bears the same ratio to the sums so determined for such year as the population aged fifteen to twenty, inclusive, of the State, in the preceding fiscal year bears to the population aged fifteen to twenty, inclusive, of all the States in such preceding year. (2) The amount of any State's allotment under paragraph (1) for any fiscal year which the Commissioner determines will not be required for such fiscal year for carrying out the State's plan approved under subsection (b) shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under paragraph (1) for such year, but with such proportionate amount for any such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year and the total of such reductions shall be similarly reallotted among the States not suffering such a reduction. Any amount reallotted to a State under this paragraph during such year shall be deemed part of its allotment for such year. (b) To be eligible to participate in this section, a State must have in effect a plan approved under section 5 and must submit through its State board to the Commissioner a supplement to such plan (hereinafter referred to as a "supplementary plan"), in such detail as the Commissioner determines necessary, which (1) designates the State board as the sole agency for administration of the supplementary plan, or for supervision of the administration thereof by local educational agencies; (2) sets forth the policies and procedures to be followed by the State in approving work-study programs, under which policies and procedures funds paid to the State from its allotment under subsection (a) will be expended solely for the payment of compensation of students employed pursuant to work-study programs which meet the requirements of subsection (c), except that not to exceed 1 per centum of any such allotment, or $10,000, whichever is the greater, may be used to pay the cost of developing the State's supplementary plan and the cost of administering such supplementary plan after its approval under this section; (3) sets forth principles for determining the priority to be accorded applications from local educational agencies for workstudy programs, which principles shall give preference to applications submitted by local educational agencies serving communities having substantial numbers of youths who have dropped out of school or who are unemployed, and provides for undertaking such programs, insofar as financial resources available therefor make possible, in the order determined by the application of such principles; (4) sets forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the State (including such funds paid by the State to local educational agencies) under this section; (5) provides for making such reports in such form and containing such information as the Commissioner may reasonably require to carry out his functions under this section, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports. (c) For the purposes of this section, a work-study program shall— (1) be administered by the local educational agency and made reasonably available (to the extent of available funds) to all youths in the area served by such agency who are able to meet the requirements of paragraph (2); (2) provide that employment under such work-study program shall be furnished only to a student who (A) has been accepted for enrollment as a full-time student in a vocational education program which meets the standards prescribed by the State board and the local educational agency for vocational education programs assisted under the preceding sections of this part, or in the case of a student already enrolled in such a program, is in good standing and in full-time attendance, (B) is in need of the earnings from such employment to commence or continue his vocational education program, and (C) is at least fifteen years of age and less than twenty-one years of age at the commencement of his employment, and is capable, in the opinion of the appropriate school authorities, of maintaining good standing in his vocational education program while employed under the work-study program; (3) provide that no student shall be employed under such workstudy program for more than fifteen hours in any week in which classes in which he is enrolled are in session, or for compensation which exceeds $45 in any month or $350 in any academic year or its equivalent, unless the student is attending a school which is not within reasonable commuting distance from his home, in which case his compensation may not exceed $60 in any month or $500 in any academic year or its equivalent; (4) provide that employment under such work-study program shall be for the local educational agency or for some other public agency or institution; (5) provide that, in each fiscal year during which such program remains in effect, such agency shall expend (from sources other than payments from Federal funds under this section) for the employment of its students (whether or not in employment eligible for assistance under this section) an amount that is not less than its average annual expenditure for work-study programs of a similar character during the three fiscal years preceding the fiscal year in which its work-study program under this section is approved. (d) Subsections (b), (c), and (d) of section 5 (pertaining to the approval of State plans, the withholding of Federal payments in case of nonconformity after approval, and judicial review of the Commissioner's final actions in disapproving a State plan or withholding pay ments) shall be applicable to the Commissioner's actions with respect to supplementary plans under this section. (e) From a State's allotment under this section for the fiscal year ending June 30, 1965, and for the fiscal year ending June 30, 1966, the Commissioner shall pay to such State an amount equal to the amount expended for compensation of students employed pursuant to workstudy programs under the State's supplementary plan approved under this section, plus an amount, not to exceed 1 per centum of such allotment, or $10,000, whichever is the greater, expended for the development of the State's supplementary plan and for the administration of such plan after its approval by the Commissioner. From a State's allotment under this section for the fiscal year ending June 30, 1967, and for the next succeeding fiscal year, such payment shall equal 75 per centum of the amount so expended. No State shall receive payments under this section for any fiscal year in excess of its allotment under subsection (a) for such fiscal year. (f) Such payments (adjusted on account of overpayments or underpayments previously made) shall be made by the Commissioner in advance on the basis of such estimates, in such installments, and at such times, as may be reasonably required for expenditures by the States of the funds allotted under subsection (a). (g) Students employed in work-study programs under this section shall not by reason of such employment be deemed employees of the United States, or their service Federal service, for any purpose. (20 U.S.C. 35k) Enacted Dec. 18, 1963, P.L. 88–210, sec. 13, 77 Stat. 412. RESIDENTIAL VOCATIONAL EDUCATION SCHOOLS SEC. 14. For the purpose of demonstrating the feasibility and desirability of residential vocational education schools for certain youths of high school age, the Commissioner is authorized to make grants, out of sums appropriated pursuant to section 15 to State boards, to colleges and universities, and with the approval of the appropriate State board, to public educational agencies, organizations, or institutions for the construction, equipment, and operation of residential schools to provide vocational education (including room, board, and other necessities) for youths, at least fifteen years of age and less than twenty-one years of age at the time of enrollment, who need full-time study on a residential basis in order to benefit fully from such education. In making such grants, the Commissioner shall give special consideration to the needs of large urban areas having substantial numbers of youths who have dropped out of school or are unemployed and shall seek to attain, as nearly as practicable in the light of the purposes of this section, an equitable geographical distribution of such schools. (20 U.S.C. 351) Enacted Dec. 18, 1963, P.L. 88-210, sec. 14, 77 Stat. 414. AUTHORIZATION FOR SECTIONS 13 AND 14 SEC. 15. There is authorized to be appropriated for the purpose of carrying out the provisions of sections 13 and 14, $30,000,000 for the fiscal year ending June 30, 1965, $50,000,000 for the fiscal year ending June 30, 1966, and $35,000,000 for the fiscal year ending June 30, 1967, and the succeeding fiscal year. The Commissioner shall determine the portion of such sums for each such year which is to be used for the purposes of each such section. (20 U.S.C. 35m) Enacted Dec. 18, 1963, P.L. 88-210, sec. 15, 77 Stat. 415. FEDERAL CONTROL SEC. 16. Nothing contained in this part shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution or school system. (20 U.S.C. 35n) Enacted Dec. 18, 1963, P.L. 88-210, sec. 16, 77 Stat. 415. SHORT TITLE SEC. 17. This part may be cited as the "Vocational Education Act of 1963". LEGISLATIVE HISTORY (P.L. 88-210) House Reports: No. 393 (Committee on Education and Labor), No. 1025 (committee on conference). Senate Report No. 553 (Committee on Labor and Public Welfare). Congressional Record, volume 109 (1963): August 6: Considered and passed House. October 3, 7: Considered in Senate. October 8: Considered and passed Senate, amended. October 29: House agreed to conference. December 12: House agreed to conference report. December 13: Senate agreed to conference report. Approved: December 18, 1963. Vocational Education Act of 1946 (George-Deen Act as amended by George-Barden Act)1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Title I-Vocational Education in Agriculture, Home Economics, Trades and Industry, and Distributive Occupations 2 SECTION 1. This title may be cited as the "Vocational Education Act of 1946." 1 The George-Barden Act amended the George-Deen Act with the following language: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act approved June 8, 1936, entitled 'An Act to provide for the further development of vocational education in the several States and Territories' (49 Stat. 1488, ch. 541), is amended to read as follows:" 2 See Amendments to George-Barden and Smith-Hughes Vocational Education Acts, sec. 10, P.L. 88-210, p. 241. 3 This Act was first enacted June 8, 1936, P.L. 673, 74th Cong., 49 Stat. 1488. The George-Barden Act amended it in its entirety and the Health Amendments, P.L. 911, 84th Congress designated this title as "Title I-Vocational Education |