As used in this chapter:
(1) The term “administration” means activities of a State necessary for the proper and efficient performance of its duties under this chapter, including supervision, but does not include curriculum development activities, personnel development, or research activities.
(2) The term “all aspects of the industry” means strong experience in, and understanding of, all aspects of the industry the students are preparing to enter, including planning, management, finances, technical and production skills, underlying principles of technology, labor issues, and health and safety.
(3) The term “apprenticeship training program” means a program registered with the Department of Labor or the State apprenticeship agency in accordance with the Act of August 16, 1937, commonly known as the National Apprenticeship Act [29 U.S.C. 50 et seq.], which is conducted or sponsored by an employer, a group of employers, or a joint apprenticeship committee representing both employers and a union, and which contains all terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices.
(4) The term “area vocational education school” means—
(A) a specialized high school used exclusively or principally for the provision of vocational education to individuals who are available for study in preparation for entering the labor market;
(B) the department of a high school exclusively or principally used for providing vocational education in not less than 5 different occupational fields to individuals who are available for study in preparation for entering the labor market;
(C) a technical institute or vocational school used exclusively or principally for the provision of vocational education to individuals who have completed or left high school and who are available for study in preparation for entering the labor market; or
(D) the department or division of a junior college, community college or university operating under the policies of the State board and which provides vocational education in not less than 5 different occupational fields leading to immediate employment but not necessarily leading to a baccalaureate degree, if, in the case of a school, department, or division described in subparagraph (C) or this subparagraph, it admits as regular students both individuals who have completed high school and individuals who have left high school.
(5) The term “career guidance and counseling” means programs—
(A) which pertain to the body of subject matter and related techniques and methods organized for the development in individuals of career awareness, career planning, career decisionmaking, placement skills, and knowledge and understanding of local, State, and national occupational, educational, and labor market needs, trends, and opportunities; and
(B) which assist such individuals in making and implementing informed educational and occupational choices.
(6) The term “community-based organization” means any such organization of demonstrated effectiveness described in section 1503(5) of title 29.
(7) The term “construction” includes construction of new buildings and acquisition, and expansion, remodeling, and alternation 1 of existing buildings, and includes site grading and improvement and architect fees.
(8) The term “cooperative education” means a method of instruction of vocational education for individuals who, through written cooperative arrangements between the school and employers, receive instruction, including required academic courses and related vocational instruction by alternation of study in school with a job in any occupational field. Such alternation shall be planned and supervised by the school and employers so that each contributes to the student's education and to his or her employability. Work periods and school attendance may be on alternate half days, full days, weeks, or other periods of time in fulfilling the cooperative program.
(9) The term “criminal offender” means any individual who is charged with or convicted of any criminal offense, including a youth offender or a juvenile offender.
(10) The term “correctional institution” means any—
(A) prison,
(B) jail,
(C) reformatory,
(D) work farm,
(E) detention center, or
(F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders.
(11) The term “Council” means the National Council on Vocational Education.
(12) The term “curriculum materials” means instructional and related or supportive material, including materials using advanced learning technology, in any occupational field which is designed to strengthen the academic foundation and prepare individuals for employment at the entry level or to upgrade occupational competencies of those previously or presently employed in any occupational field, and appropriate counseling and guidance material.
(13) The term “disadvantaged” means individuals (other than individuals with handicaps) who have economic or academic disadvantages and who require special services and assistance in order to enable such individuals to succeed in vocational education programs. Such term includes individuals who are members of economically disadvantaged families, migrants, individuals of limited English proficiency and individuals who are dropouts from, or who are identified as potential dropouts from, secondary school.
(14) The term “displaced homemaker” means an individual who—
(A) is an adult; and
(B)(i) has worked as an adult primarily without remuneration to care for the home and family, and for that reason has diminished marketable skills;
(ii) has been dependent on public assistance or on the income of a relative but is no longer supported by such income;
(iii) is a parent whose youngest dependent child will become ineligible to receive assistance under the State program funded under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.] within 2 years of the parent's application for assistance under this chapter; or
(iv) is unemployed or underemployed and is experiencing difficulty in obtaining any employment or suitable employment, as appropriate, or
(C) is described in subparagraph (A) or (B) and is a criminal offender.
The Secretary may not prescribe the manner in which the States will comply with the application of the definition contained in this paragraph.
(15) The term “economically disadvantaged family or individual” means such families or individuals who are determined by the Secretary to be low-income according to the latest available data from the Department of Commerce.
(16) Except as otherwise provided, the term “eligible recipient” means a local educational agency, an area vocational education school, an intermediate educational agency, a postsecondary educational institution, a State corrections educational agency, or an eligible institution (as such term is defined in section 2341a(d)(1) of this title).
(17) The term “general occupational skills” means experience in and understanding of all aspects of the industry the student is preparing to enter, including planning, management, finances, technical and production skills, underlying principles of technology, labor and community issues, and health, safety, and environmental issues.
(18) The term “high technology” means state-of-the-art computer, microelectronic, hydraulic, pneumatic, laser, nuclear, chemical, telecommunication, and other technologies being used to enhance productivity in manufacturing, communication, transportation, agriculture, mining, energy, commercial, and similar economic activity, and to improve the provision of health care.
(19) The term “individual with handicaps” means any individual who is an individual with any disability (as defined in section 12102(2) of title 42).
(20) The term “intermediate educational agency” means a combination of school districts or counties (as defined in section 8801 of title 20) as are recognized in a State as an administrative agency for such State's vocational or technical education schools or for vocational programs within its public elementary or secondary schools. Such term includes any other public institution or agency having administrative control and direction over a public elementary or secondary school.
(21) The term “limited English proficiency” has the meaning given such term in section 7601(8) 2 of this title.
(22) The term “local educational agency” means a board of education or other legally constituted local school authority having administrative control and direction of public elementary or secondary schools in a city, county, township, school district, or political subdivision in a State, or any other public educational institution or agency having administrative control and direction of a vocational education program. For the purposes of sections 2324, 2325, 2326, 2327, and 2343 of this title, such term shall include a State corrections educational agency.
(23) The term “postsecondary educational institution” means an institution legally authorized to provide postsecondary education within a State, a Bureau of Indian Affairs controlled postsecondary institution, or any postsecondary educational institution operated by or on behalf of any Indian tribe which is eligible to contract with the Secretary of the Interior for the administration of programs under the Indian Self-Determination Act [25 U.S.C. 450f et seq.] or under the Act of April 16, 1934 [25 U.S.C. 452–457].
(24) The term “preparatory services” means services, programs, or activities designed to assist individuals who are not enrolled in vocational education programs in the selection of, or preparation for participation in, an appropriate vocational education or training program, such as—
(A) services, programs, or activities related to outreach to or recruitment of potential vocational education students;
(B) career counseling and personal counseling;
(C) vocational assessment and testing; and
(D) other appropriate services, programs, or activities.
(25) The term “private vocational training institution” means a business or trade school, or technical institution or other technical or vocational school, in any State, which—
(A) admits as regular students only persons who have completed or left elementary or secondary school and who have the ability to benefit from the training offered by such institution;
(B) is legally authorized to provide, and provides within that State, a program of postsecondary vocational or technical education designed to fit individuals for useful employment in recognized occupations;
(C) has been in existence for 2 years or has been specially accredited by the Secretary as an institution meeting the other requirements of this subsection; and
(D) is accredited—
(i) by a nationally recognized accrediting agency or association listed by the Secretary pursuant to this clause;
(ii) if the Secretary determines that there is no nationally recognized accrediting agency or association qualified to accredit schools of a particular category, by a State agency listed by the Secretary pursuant to this clause; or
(iii) if the Secretary determines that there is no nationally recognized or State agency or association qualified to accredit schools of a particular category, by an advisory committee appointed by the Secretary and composed of persons specially qualified to evaluate training provided by schools of that category, which committee shall prescribe the standards of content, scope, and quality which must be met by those schools and shall also determine whether particular schools meet those standards.
For the purpose of this paragraph, the Secretary shall publish a list of nationally recognized accrediting agencies or associations and State agencies which the Secretary determines to be reliable authority as to the quality of education or training afforded.
(26) The term “school facilities” means classrooms and related facilities (including initial equipment) and interests in lands on which such facilities are constructed. Such term shall not include any facility intended primarily for events for which admission is to be charged to the general public.
(27) The term “Secretary” means the Secretary of Education.
(28) The term “small business” means for-profit enterprises employing 500 or fewer employees.
(29) The term “sequential course of study” means an integrated series of courses which are directly related to the educational and occupational skills preparation of individuals for jobs, or preparation for postsecondary education.
(30) The term “single parent” means an individual who—
(A) is unmarried or legally separated from a spouse; and
(B)(i) has a minor child or children for which the parent has either custody or joint custody; or
(ii) is pregnant.
(31) The term “special populations” includes individuals with handicaps, educationally and economically disadvantaged individuals (including foster children), individuals of limited English proficiency, individuals who participate in programs designed to eliminate sex bias, and individuals in correctional institutions.
(32) The term “specific job training” means training and education for skills required by the employer that provides the individual student with the ability to obtain employment and to adapt to the changing demands of the workplace.
(33) The term “State” includes, in addition to the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48).
(34) The term “State board” means a State board designated or created by State law as the sole State agency responsible for the administration of vocational education, or for supervision of the administration of vocational education in the State.
(35) The term “State corrections educational agency” means the State agency or agencies responsible for carrying out corrections education programs in the State.
(36) The term “State council” means the State council on vocational education established in accordance with section 2322 of this title.
(37) The term “State educational agency” means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary or secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.
(38) The term “supplementary services” means curriculum modification, equipment modification, classroom modification, supportive personnel, and instructional aids and devices.
(39) The term “technology education” means an applied discipline designed to promote technological literacy which provides knowledge and understanding of the impacts of technology including its organizations, techniques, tools and skills to solve practical problems and extend human capabilities in areas such as construction, manufacturing, communication, transportation, power and energy.
(40) The term “tribally controlled community college” means an institution which receives assistance under the Tribally Controlled Community College Assistance Act of 1976 3 [25 U.S.C. 1801 et seq.] or the Navajo Community College Act [25 U.S.C. 640a et seq.].
(41) The term “vocational education” means organized educational programs offering a sequence of courses which are directly related to the preparation of individuals in paid or unpaid employment in current or emerging occupations requiring other than a baccalaureate or advanced degree. Such programs shall include competency-based applied learning which contributes to an individual's academic knowledge, higher-order reasoning, and problem-solving skills, work attitudes, general employability skills, and the occupational-specific skills necessary for economic independence as a productive and contributing member of society. Such term also includes applied technology education.
(42) The term “vocational student organizations” means those organizations for individuals enrolled in vocational education programs which engage in activities as an integral part of the instructional program. Such organizations may have State and national units which aggregate the work and purposes of instruction in vocational education at the local level.
(Pub. L. 88–210, title V, §521, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2482; amended Pub. L. 99–159, title VII, §713(a)(4), Nov. 22, 1985, 99 Stat. 907; Pub. L. 101–392, title V, §502, Sept. 25, 1990, 104 Stat. 834; Pub. L. 103–382, title III, §391(s)(7), (8), Oct. 20, 1994, 108 Stat. 4025; Pub. L. 104–193, title I, §110(i)(3), Aug. 22, 1996, 110 Stat. 2172.)
Act of August 16, 1937, commonly known as the National Apprenticeship Act, referred to in par. (3), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, as amended, which is classified generally to chapter 4C (§50 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 50 of Title 29 and Tables.
The Social Security Act, referred to in par. (14)(B)(iii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the Act is classified generally to part A (§601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Section 7601(8) of this title, referred to in par. (21), was in the original section 7004(a) of the Elementary and Secondary Education Act of 1965, and was translated as if it read section 7501(8) of that Act to reflect the probable intent of Congress, because the Elementary and Secondary Education Act of 1965 does not contain a section 7004, and section 7501(8) defines limited English proficiency.
The Indian Self-Determination Act, referred to in par. (23), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to part A (§450f et seq.) of subchapter II of chapter 14 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables.
Act of April 16, 1934, referred to in par. (23), is act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson-O'Malley Act, which is classified generally to section 452 et seq. of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 452 of Title 25 and Tables.
For Oct. 1, 1994, as the date the Compact of Free Association with Palau takes effect, referred to in par. (33), 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.
The Tribally Controlled Community College Assistance Act of 1976, referred to in par. (40), probably means the Tribally Controlled Community College Assistance Act of 1978, Pub. L. 95–471, Oct. 17, 1978, 92 Stat. 1325, as amended, which is classified principally to chapter 20 (§1801 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 25 and Tables.
The Navajo Community College Act, referred to in par. (40), is Pub. L. 92–189, Dec. 15, 1971, 85 Stat. 646, as amended, which is classified to section 640a et seq. of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 640a of Title 25 and Tables.
1996—Par. (14)(B)(iii). Pub. L. 104–193 substituted “the State program funded” for “the program for aid to families with dependent children”.
1994—Par. (20). Pub. L. 103–382, §391(s)(7), substituted “section 8801” for “section 2891(5)”.
Par. (21). Pub. L. 103–382, §391(s)(8), substituted “section 7601(8) of this title” for “section 703(a)(1) of the Elementary and Secondary Education Act of 1965”.
1990—Pub. L. 101–392 amended section generally, adding pars. (2), (14), (17), (19), (20), (24), (29), (31), (32), (35), and (38) through (40), redesignating former pars. (2) through (12) as (3) through (13), respectively, (14) as (16), (16) as (18), (18) and (19) as (21) and (22), respectively, (20) as (15), (21) as (23), (22) through (24) as (25) through (27), respectively, (25) as (30), (26) as (28), (27) and (28) as (33) and (34), respectively, (29) and (30) as (36) and (37), respectively, and (31) and (32) as (41) and (42), respectively, and striking out former par. (13) defining “economically depressed area”, par. (15) defining “handicapped”, and par. (17) defining “homemaker”.
1985—Par. (15). Pub. L. 99–159 inserted “or language” after “speech”.
Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare.
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.
Amendment by Pub. L. 99–159 effective July 1, 1985, see section 714(a) of Pub. L. 99–159, set out as a note under section 2311 of this title.
This section is referred to in sections 1088, 1091, 2420a, 3902 of this title; title 19 section 2296; title 26 section 135; title 29 section 1503; title 42 section 604.