20 U.S.C. § 2322
Section 2322 · Within State allocation
Viewing 20 U.S.C. § 2322 as in effect on September 7, 1992. The text changed in 3 later editions (most recent July 31, 2018).
View current version →Except as provided in subsection (g) of this section, each State which desires to participate in vocational education programs authorized by this chapter for any fiscal year shall establish a State council, which shall be appointed by the Governor or, in the case of States in which the members of the State board of education are elected (including election by the State legislature), by such board. Each State council shall be composed of 13 individuals, and shall be broadly representative of citizens and groups within the State having an interest in vocational education. Each State council shall consist of—
(1) seven individuals who are representative of the private sector in the State who shall constitute a majority of the membership—
(A) five of whom shall be representative of business, industry, trade organizations, and agriculture including—
(i) one member who is representative of small business concerns; and
(ii) one member who is a private sector member of the State job training coordinating council (established pursuant to section 122 of the Job Training Partnership Act [29 U.S.C. 1532]), and
(B) two of whom shall be representatives of labor organizations;
(2) six individuals who are representative of secondary and postsecondary vocational institutions (equitably distributed among such institutions), career guidance and counseling organizations within the State, individuals who have special knowledge and qualifications with respect to the special educational and career development needs of special populations (including women, the disadvantaged, the handicapped, individuals with limited English proficiency, and minorities) and of whom one member shall be representative of special education and may include members of vocational student organizations and school board members.
In selecting individuals under subsection (a) of this section to serve on the State council, due consideration shall be given to the appointment of individuals who serve on a private industry council under the Job Training Partnership Act [29 U.S.C. 1501 et seq.], or on State councils established under other related Federal Acts. No employee of the State board shall serve on the State council.
The State shall certify to the Secretary the establishment and membership of the State council by the beginning of each State plan period described in section 2323(a)(1) of this title.
Each State council shall meet as soon as practical after certification has been accepted by the Secretary and shall select from among its membership a chairperson who shall be representative of the private sector. The time, place, and manner of meeting, as well as council operating procedures and staffing, shall be as provided by the rules of the State council, except that such rules must provide for not less than one public meeting each year at which the public is given an opportunity to express views concerning the vocational education program of the State.
During each State plan period described in section 2323(a)(1) of this title, each State council shall—
(1) meet with the State board or its representatives to advise on the development of the subsequent State plan;
(2) made recommendations to the State board and make reports to the Governor, the business community, and general public of the State, concerning—
(A) the State plan;
(B) policies the State should pursue to strengthen vocational education (with particular attention to programs for the handicapped); and
(C) initiatives and methods the private sector could undertake to assist in the modernization of vocational education programs;
(3) analyze and report on the distribution of spending for vocational education in the State and on the availability of vocational education activities and services within the State;
(4) furnish consultation to the State board on the establishment of evaluation criteria for vocational education programs within the State;
(5) submit recommendations to the State board on the conduct of vocational education programs conducted in the State which emphasize the use of business concerns and labor organizations;
(6) assess the distribution of financial assistance furnished under this chapter, particularly with the analysis of the distribution of financial assistance between secondary vocational education programs and postsecondary vocational education programs;
(7) recommend procedures to the State board to ensure and enhance the participation of the public in the provision of vocational education at the local level within the State, particularly the participation of local employers and local labor organizations;
(8) report to the State board on the extent to which individuals who are members of special populations are provided with equal access to quality vocational education programs;
(9) analyze and review corrections education programs; and
(10)(A) evaluate at least once every 2 years—
(i) the extent to which vocational education, employment, and training programs in the State represent a consistent, integrated, and coordinated approach to meeting the economic needs of the State;
(ii) the vocational education program delivery system assisted under this chapter, and the job training program delivery system assisted under the Job Training Partnership Act [29 U.S.C. 1501 et seq.], in terms of such delivery systems’ adequacy and effectiveness in achieving the purposes of each of this chapter and the Job Training Partnership Act; and
(iii) make recommendations to the State board on the adequacy and effectiveness of the coordination that takes place between vocational education and the Job Training Partnership Act;
(B) comment on the adequacy or inadequacy of State action in implementing the State plan;
(C) make recommendations to the State board on ways to create greater incentives for joint planning and collaboration between the vocational education system and the job training system at the State and local levels; and
(D) advise the Governor, the State board, the State job training coordinating council, the Secretary, and the Secretary of Labor regarding such evaluation, findings, and recommendations.
Each State council is authorized to obtain the services of such professional, technical, and clerical, personnel as may be necessary to enable it to carry out its functions under this chapter and to contract for such services as may be necessary to enable the Council to carry out its evaluation functions, independent of programmatic and administrative control by other State boards, agencies, and individuals. Each State Council1 may submit a statement to the Secretary reviewing and commenting upon the State plan. Such statement shall be sent to the Secretary with the State plan.
(1)(A) Except as provided in subparagraph (B), from the sums appropriated pursuant to section 2302(c) of this title, the Secretary shall first make grants of $150,000 to each State council. From the remainder of such sums the Secretary shall allot to each State council an amount in accordance with the method of allotment set forth in section 2311(a)(2) of this title, provided that—
(i) no State council shall receive more than $250,000 for each fiscal year;
(ii) no State council shall receive less than $150,000 for each fiscal year; and
(iii) no State council shall receive less than such State council was allotted in the fiscal year 1990;
(B) From the sums appropriated pursuant to section 2302(c) of this title for each fiscal year, the Secretary shall make grants of—
(i) $60,000 to each of the State councils of the Virgin Islands and Guam; and
(ii) $25,000 to each of the State councils of American Samoa, Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48), and the Commonwealth of the Northern Mariana Islands.
(2) The expenditure of the funds paid pursuant to this subsection is to be determined solely by the State council for carrying out its functions under this chapter, and may not be diverted or reprogramed for any other purpose by any State board, agency, or individual. Each State council shall designate an appropriate State agency or other public agency, eligible to receive funds under this chapter, to act as its fiscal agent for purposes of disbursement, accounting, and auditing.
(1) In lieu of establishing the State council required under subsection (a) of this section, each State may satisfy the requirements of this section by designating the State human resource investment council established in accordance with title VII of the Job Training Partnership Act [29 U.S.C. 1792 et seq.] (in this subsection referred to as the “State Council”) to carry out the duties described in subsection (d) of this section.
(2) Funds available under subsection (f) of this section may be allotted to the State Council to carry out such duties and the other duties of the State Council if the Governor and head of the State agency responsible for administration of the programs under this chapter agree to such an allotment. Only funds available under subsection (f) of this section may be so allotted.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
The Job Training Partnership Act, referred to in subsecs. (a), (d)(10)(A), and (g)(1), is Pub. L. 97 300, Oct. 13, 1982, 96 Stat. 1322, as amended, which is classified generally to chapter 19 (§1501 et seq.) of Title 29, Labor. Title VII of the Act is classified to subchapter VI (§1792 et seq.) of chapter 19 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of Title 29 and Tables.
For Oct. 1, 1994, as the date the Compact of Free Association with Palau takes effect, referred to in subsec. (f)(1)(B)(ii), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.
Amendments
1992—Subsec. (a). Pub. L. 102 367, §601(b)(1)(A), which directed the substitution of “Except as provided in subsection (g) of this section, each” for “Each”, was executed by substituting the quoted language for “Each” the first place appearing, to reflect the probable intent of Congress.
Subsec. (g). Pub. L. 102 367, §601(b)(1)(B), added subsec. (g).
1990—Subsec. (a). Pub. L. 101 392, §112(3), inserted at end “No employee of the State board shall serve on the State council.”
Subsec. (a)(1)(A). Pub. L. 101 392, §112(1), inserted “trade organizations,” after “industry,”.
Subsec. (a)(2). Pub. L. 101 392, §112(2), inserted before period at end “and may include members of vocational student organizations and school board members”.
Subsec. (d)(2). Pub. L. 101 392, §112(4), substituted “make recommendations to” for “advise” in introductory provisions, added subpar. (A), and redesignated former subpars. (A) and (B) as (B) and (C), respectively.
Subsec. (d)(8). Pub. L. 101 392, §112(5)(A), substituted “individuals who are members of special populations” for “the individuals described in section 2331(b) of this title”.
Subsec. (d)(9), (10). Pub. L. 101 392, §112(5)(B), (6), added pars. (9) and (10) and struck out former par. (9) which read as follows: “(A) evaluate at least once every two years (i) the vocational education program delivery systems assisted under this chapter, and under the Job Training Partnership Act, in terms of their adequacy and effectiveness in achieving the purposes of each of this chapter and the Job Training Partnership Act and (ii) make recommendations to the State board on the adequacy and effectiveness of the coordination that takes place between vocational education and the Job Training Partnership Act and (B) advise the Governor, the State board, the State job training coordinating council, the Secretary, and the Secretary of Labor of these findings and recommendations.”
Subsec. (e). Pub. L. 101 392, §112(7), inserted provisions directing that, if State Councils submit statements to Secretary reviewing and commenting upon State plan, such statements are to be sent to Secretary with State plan.
Subsec. (f)(1)(A). Pub. L. 101 392, §112(8), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Except as provided in subparagraph (B), from the amounts appropriated pursuant to section 2302(c) of this title the Secretary shall make grants to State councils from amounts allotted to State councils in accordance with the method for allotment contained in section 2311(a)(2) of this title, without regard to paragraph (3), except that no State council shall be allotted less than $120,000 nor more than $225,000 for each fiscal year.”
Subsec. (f)(1)(B). Pub. L. 101 392, §112(9), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “From the amounts appropriated pursuant to section 2302(c) of this title, for each fiscal year, the Secretary shall make grants of $50,000 to the State councils of the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.”
1985—Subsec. (b). Pub. L. 99 159, §703(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The State shall certify the establishment and membership of the State council at least 90 days prior to the beginning of each planning period described in section 2323(a)(1) of this title.”
Subsec. (d). Pub. L. 99 159, §703(b), inserted provisions relating to each State plan period in text preceding par. (1), and in par. (1) struck out “during the planning year” after “representatives” and inserted “subsequent” before “State plan”.
Subsec. (f)(1)(A). Pub. L. 99 159, §703(c)(1), inserted provisions excepting applicability of subpar. (B).
Subsec. (f)(1)(B). Pub. L. 99 159, §703(c)(2), amended subpar. (B) generally, substituting provisions authorizing grants for each fiscal year to Guam, etc., for provisions defining “State”.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102 367 effective July 1, 1993, see section 701(a) of Pub. L. 102 367, set out as a note under section 1501 of Title 29, Labor.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101 392 effective July 1, 1991, see section 702(a) of Pub. L. 101 392, set out as a note under section 2301 of this title.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99 159 effective July 1, 1985, with amendment by section 703(c)(2) of Pub. L. 99 159 not applicable to funds appropriated before Nov. 22, 1985, see section 714 of Pub. L. 99 159, set out as a note under section 2311 of this title.