CHAPTER 45 —CAREER EDUCATION AND CAREER DEVELOPMENT
SUBCHAPTER I—CAREER EDUCATION AND DEVELOPMENT PROGRAMS AND ACTIVITIES
SUBCHAPTER II—GUIDANCE AND COUNSELING ACTIVITIES AND PROGRAMS
SUBCHAPTER III—MISCELLANEOUS PROVISIONS
SUBCHAPTER I—CAREER EDUCATION AND DEVELOPMENT PROGRAMS AND ACTIVITIES
§2501. Statement of purpose
It is the purpose of this subchapter to provide Federal assistance to States to enable them to plan for the development of career education and career development programs and activities for individuals of all ages, and to plan for the improvement of existing programs and activities, in the areas of awareness, exploration, planning, and decisionmaking of individuals served with regard to career opportunities and career development throughout the lifetimes of such individuals, through—
(1) planning for the development of information on the needs for career education and career development for all individuals;
(2) planning for the promotion of a national dialogue on career education and career development designed to encourage each State and local educational agency to determine and adopt the approach best suited to the needs of the individuals served by each such agency;
(3) planning for the assessment of the status of career education and career development programs and practices, including a reassessment of the stereotyping of career opportunities by race or by sex;
(4) planning for the demonstration of the best of the current career education and career development programs and practices by planning to develop and test exemplary programs and practices using various theories, concepts, and approaches with respect to career education and through planning for a nationwide system of regional career education centers;
(5) planning for the training and retraining of persons for conducting career education and career development programs; and
(6) developing State and local plans for implementing programs designed to ensure that every person has the opportunity to gain the knowledge and skills necessary for gainful or maximum employment and for full participation in our society according to his or her ability.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, where section provides for authorization of appropriations, see section 532 of
Short Title of 1978 Amendment
§2502. Funding requirements
(a) Authorization of appropriations
There are authorized to be appropriated for the purpose of this subchapter $10,000,000 for fiscal year 1978. The provisions of section 1226a 1 of this title shall not apply to the authorization made by this subsection.
(b) Availability of amounts appropriated; allotments to States, etc.
(1) From the sums appropriated under this subchapter, the Secretary of Education shall reserve an amount not to exceed $2,000,000, for the purpose of carrying out
(2) From the remainder of the sums appropriated under this subchapter, the Secretary of Education shall reserve such amount, not to exceed 1 per centum thereof, as he may determine necessary and shall allot such amount among the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands, according to their relative need for assistance under this subchapter.
(3)(A) Of the remainder of the sums appropriated, the Secretary of Education shall allot to each State $100,000, and of the remainder of the sums appropriated the Secretary of Education shall allot to each State an amount which bears the same ratio to such sums for such year as the population of the State bears to the population of all States, for purposes of carrying out
(B) For purposes of this paragraph, the term "State" means any of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.
(c) Federal share
The Federal share of funds allotted to States under this subchapter shall not exceed 80 per centum of the total cost of the planning undertaken pursuant to this subchapter.
(
Editorial Notes
References in Text
Amendments
1977—Subsec. (b)(2).
Subsec. (b)(3)(B).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, where section provides for authorization of appropriations, see section 532 of
Repeals
The directory language of, but not the amendment made by,
Transfer of Functions
"Secretary of Education" substituted for "Commissioner of Education" and "Commissioner" in subsecs. (b)(1), (2), and (3)(A) pursuant to sections 301(a)(1) and 507 of
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
1 See References in Text note below.
§2503. Administration by Office of Career Education
The provisions of this subchapter shall be carried out by the Secretary of Education through the Office of Career Education established pursuant to
(
Editorial Notes
References in Text
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, where section provides for authorization of appropriations, see section 532 of
Transfer of Functions
"Secretary of Education" substituted in text for "Commissioner" pursuant to sections 301(a)(1) and 507 of
For authority of Secretary of Education to consolidate, alter, or discontinue the Office of Career Education, or to reallocate any functions vested by statute in the Office, see section 413 of
§2504. Prerequisites for State participation
Any State desiring to receive the amount for which it is eligible for any fiscal year pursuant to this subchapter shall agree to submit to the Secretary of Education by December 31, 1978, a report on any planning undertaken pursuant to this subchapter. Such report shall be in such form as the State may desire, and may include planning proposals for—
(1) extending career education and career development programs and services to all individuals in the State;
(2) extending the concept of the education process beyond the school into the area of employment and community affairs, and relating the subject matter curriculums of schools to the needs of individuals to function in society;
(3) the implementation of new concepts in career education and career development and for the replication of concepts which have demonstrated success;
(4) the development of training programs, including inservice training programs, for teachers, counselors, other educators, and administrators;
(5) fostering cooperative arrangements with such community groups and agencies as the public employment services, vocational rehabilitation service, community mental health agencies, education opportunity centers, and other community resources concerned with vocational development guidance and counseling, in order to avoid unnecessary duplication in the provision of services in the community or area to be served; and
(6) inventories of State, local, and private resources available for the development of career education and career development programs and services.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, where section provides for authorization of appropriations, see section 532 of
Transfer of Functions
"Secretary of Education" substituted in text for "Commissioner" pursuant to sections 301(a)(1) and 507 of
§2505. Grants or contracts
(a) Information gathering; analysis of career trends and options; publication of periodic reports and reference works; conduct of seminars, workshops, etc.
The Secretary of Education shall provide, either directly or by grant or contract, for—
(1) the gathering, cataloging, storing, analyzing, and disseminating information related to the availability of, and preparation for, careers in the United States, including information concerning current career options, future career trends, and career education;
(2) the ongoing analysis of career trends and options in the United States, using information from both the public and private sectors, including such sources as the Bureau of Labor Statistics, the Department of Commerce, the United States International Trade Commission, economic analysts, labor unions, and private industry;
(3) the publication of periodic reports and reference works using analysis prepared pursuant to this section and containing exemplary materials from the career education field, including research findings, results, and techniques from successful projects and programs, and highlights of ongoing analyses of career trends in the United States; and
(4) the conduct of seminars, workshops, and career information sessions for the purpose of disseminating to teachers, guidance counselors, other career educators, administrators, other education personnel, and the general public information compiled and analyzed under this section.
(b) Implementation requirements
In carrying out the provisions of this subchapter, and to the extent practicable, the Secretary of Education shall (1) make use of existing offices, centers, clearinghouses, and research capabilities, (2) coordinate among the offices, centers, clearinghouses, and research capabilities in carrying out his career information responsibilities, and (3) use the career information capabilities of the Department of Education.
(
Statutory Notes and Related Subsidiaries
Change of Name
"United States International Trade Commission" substituted for "Unites States Tariff Commission" in subsec. (a)(2) pursuant to
Effective Date
Section effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, where section provides for authorization of appropriations, see section 532 of
Transfer of Functions
"Secretary of Education" substituted for "Commissioner" in text, and "Department of Education" substituted for "Education Division" in subsec. (b)(3), pursuant to sections 301(a)(1), (b)(2) and 507 of
§2506. Functions of National Advisory Council for Career Education
The National Advisory Council for Career Education established pursuant to
(
Editorial Notes
References in Text
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, where section provides for authorization of appropriations, see section 532 of
Transfer of Functions
"Secretary of Education" substituted in text for "Commissioner" pursuant to sections 301(a)(1) and 507 of
Termination of Advisory Councils
Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided for by law. See
SUBCHAPTER II—GUIDANCE AND COUNSELING ACTIVITIES AND PROGRAMS
§2531. Congressional findings
The Congress finds that—
(1) guidance and counseling activities are an essential component to assure success in achieving the goals of many education programs: 1
(2) lack of coordination among guidance and counseling activities supported jointly or separately by Federal programs and by State and local programs has resulted in an underutilization of resources available for such activities; and
(3) increased and improved preparation of education professionals is needed in guidance and counseling, including administration of guidance and counseling programs at the State and local levels, with special emphasis on inservice training which takes educational professionals into the workplaces of business and industry, the professions, and other occupational pursuits, and that increased and improved use of individuals employed in such pursuits are needed for effective guidance and counseling programs, including (A) bringing persons employed in such pursuits into schools, and (B) bringing students into such workplaces for observation of, and participation in, such pursuits, in order to acquaint the students with the nature of the work.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, where section provides for authorization of appropriations, see section 532 of
1 So in original. The colon probably should be a semicolon.
§2532. Authorization of appropriations
(a) Fiscal years 1978 through 1983
There are authorized to be appropriated $20,000,000 for each of the fiscal years 1978 through 1983, to carry out the provisions of this subchapter.
(b) Limitations; allotments to States, etc.; reallotments
(1) There are authorized to be appropriated $3,000,000 for fiscal year 1977, for purposes of grants to States made by the Secretary of Education for programs, projects, and leadership activities designed to expand and strengthen counseling and guidance services in elementary and secondary schools.
(2) No sums are authorized to be appropriated under section 401(a) 1 of the Elementary and Secondary Education Act of 1965 for fiscal year 1977, for the purpose of making grants under part B (Libraries and Learning Resources) of title IV of such Act, for such fiscal year which represent the amount authorized to be appropriated under paragraph (1) of this subsection.
(3)(A) The Secretary of Education shall allot the amounts appropriated under this subsection among Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this subsection. In addition, he shall allot from such amounts to (i) the Secretary of the Interior the amounts necessary for the programs, projects, and activities authorized by this subsection for children and teachers in elementary and secondary schools operated for Indian children by the Department of the Interior; and (ii) the Secretary of Defense the amounts necessary for the programs, projects, and activities authorized by this subsection for children and teachers in the overseas dependents schools of the Department of Defense. The terms upon which payment for such purposes shall be made to the Secretary of the Interior and the Secretary of Defense shall be determined pursuant to such criteria as the Secretary of Education determines will best carry out the purposes of this subsection.
(B) From the amounts appropriated to carry out this subsection, the Secretary of Education shall allot to each State from such amounts an amount which bears the same ratio to such amounts as the number of children aged five to seventeen, inclusive, in the State bears to the number of such children in all the States. For the purposes of this subparagraph, the term "State" shall not include Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. The number of children aged five to seventeen, inclusive, in a State and in all the States shall be determined by the Secretary of Education on the basis of the most recent satisfactory data available to him.
(C) The amount of any State's allotment under subparagraph (A) or subparagraph (B) to carry out this subsection which the Secretary of Education determines will not be required to carry out this subsection shall be available for reallotment from time to time, on such dates as the Secretary of Education may fix, to other States in proportion to the original allotments to such States under subparagraph (A) or subparagraph (B) but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Secretary of Education estimates such State needs and will be able to use. The total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amounts reallotted to a State under this subparagraph from funds appropriated under this subsection shall be deemed a part of its allotment under subparagraph (A) or subparagraph (B).
(
Editorial Notes
References in Text
Title IV of the Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(2), which was formerly classified to subchapter I (§1801 et seq.) of
Amendments
1978—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Effective Date
Section effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, where section provides for authorization of appropriations, see section 532 of
Transfer of Functions
"Secretary of Education" substituted for "Commissioner" in subsec. (b)(1) and (3) pursuant to sections 301(a)(1) and 507 of
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
1 See References in Text note below.
§2533. Administration by unit in Department of Education
(a) Establishment; functions
The Secretary of Education shall establish or designate an administrative unit within the Department of Education for purposes of—
(1) carrying out provisions of this subchapter;
(2) providing information regarding guidance and counseling as a profession, guidance and counseling activities of the Federal Government, and, to the extent practicable, activities of State and local programs of guidance and counseling; and
(3) advising the Secretary of Education on coordinating guidance and counseling activities included in all programs which he is authorized to carry out, and, to the extent he deems practicable, how such activities may be coordinated with other programs of the Federal Government and State and local guidance and counseling programs.
(b) Reservation of amount for implementation
The Secretary of Education may reserve an amount not to exceed 5 per centum of the sums appropriated under this subchapter to carry out the provisions of this section.
(
Editorial Notes
Amendments
1977—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, where section provides for authorization of appropriations, see section 532 of
Transfer of Functions
"Secretary of Education" and "Department of Education" substituted in text for "Commissioner" and "Education Division", respectively, pursuant to sections 301(a)(1), (b)(2) and 507 of
For authority of Secretary of Education to consolidate, alter, or discontinue the administrative unit for guidance and counseling programs, or to reallocate any functions vested by statute in the administrative unit, see section 413 of
§2534. Contracts and grants to States, educational agencies, etc.
(a) Implementation of programs
The Secretary of Education is authorized, on a competitive basis, to enter into contracts and make grants to State and local educational agencies, to institutions of higher education, and to private nonprofit organizations to assist them in conducting institutes, work shops, and seminars designed to improve the professional guidance qualifications of teachers and counselors in State and local educational agencies and nonpublic elementary and secondary school systems, including opportunities for teachers and guidance counselors in such agencies and systems to obtain experience in business and industry, the professions, and other occupational pursuits, and including, for the purpose of such improvement, such programs, services, or activities which bring individuals with experience in such pursuits into schools as counselors or advisors for students, and which bring students into the workplaces of such pursuits to acquaint students with the nature of the work and to provide training for supervisory and technical personnel in such agencies and systems having responsibilities for guidance and counseling, and to improve supervisory services in the field of guidance and counseling.
(b) Coordination of programs of guidance and counseling
The Secretary of Education is authorized to make grants to States to assist them in carrying out programs to coordinate new and existing programs of guidance and counseling in the States.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, where section provides for authorization of appropriations, see section 532 of
Transfer of Functions
"Secretary of Education" substituted in text for "Commissioner" pursuant to sections 301(a)(1) and 507 of
SUBCHAPTER III—MISCELLANEOUS PROVISIONS
§§2561 to 2563. Omitted
Editorial Notes
Codification
Section 2561,
Section 2562,
Section 2563,
§2564. Departmental day care center facilities; establishment; fees and charges; equipment and operation by appropriated funds
Notwithstanding any other provision of law, the Secretary of Health and Human Services is authorized by contract or otherwise to establish, equip, and operate day care center facilities for the purpose of serving children who are members of households of employees of the Department of Health and Human Services. The Secretary is authorized to establish or provide for the establishment of appropriate fees and charges to be chargeable against the Department employees or others who are beneficiaries of services provided by such facilities to pay for the cost of their operation and to accept money, equipment, or other property donated for use in connection with the facilities. No appropriated funds may be used for the equipping or operation of any centers provided under this authority. The prohibition made by the preceding sentence shall not preclude the provision of appropriate donated space nor the purchase of the initial equipment for the centers, except that the cost of such equipment shall be reimbursed over the expected life of such equipment, not to exceed 10 years.
(
Statutory Notes and Related Subsidiaries
Change of Name
"Secretary of Health and Human Services" and "Department of Health and Human Services" substituted in text for "Secretary of Health, Education, and Welfare" and "Department of Health, Education, and Welfare", respectively, pursuant to section 509(b) of
Effective Date
Section effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, where section provides for authorization of appropriations, see section 532 of
§2565. Wayne Morse Chair of Law and Politics
(a) Establishment
The Secretary of Education (hereinafter in this section referred to as the "Secretary") is authorized to provide financial assistance in accordance with the provisions of this section to assist in establishing the Wayne Morse Chair of Law and Politics at the University of Oregon, of Eugene, Oregon.
(b) Federal share; application for financial assistance
(1) For purposes of this section, the Federal share of the cost of establishing the Wayne Morse Chair of Law and Politics shall not exceed 50 per centum.
(2) No financial assistance under this section may be made except upon an application at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require.
(c) Authorization of appropriations
There are authorized to be appropriated such sums, not to exceed $500,000, as may be necessary to carry out the provisions of this section. Funds appropriated pursuant to this section shall remain available until expended.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, where section provides for authorization of appropriations, see section 532 of
Transfer of Functions
"Secretary" substituted for "Commissioner" in subsecs. (a) and (b) pursuant to sections 301(a)(1) and 507 of
§2566. Hubert H. Humphrey Institute of Public Affairs; grants for development
In recognition of the public service of Senator Hubert H. Humphrey, the Secretary of Education (hereafter in
(
Statutory Notes and Related Subsidiaries
Effective Date
Short Title
Transfer of Functions
"Secretary" substituted in text for "Commissioner" pursuant to sections 301(a)(1) and 507 of
§2567. Everett McKinley Dirksen Congressional Leadership Research Center; grants for development
In recognition of the public service of Senator Everett McKinley Dirksen, the Secretary is authorized to make grants in accordance with the provisions of
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1978, see section 4(d) of
Transfer of Functions
"Secretary", meaning the Secretary of Education, substituted in text for "Commissioner" pursuant to sections 301(a)(1) and 507 of
§2568. Payments to Humphrey Institute and Dirksen Center; procedures applicable
No payment may be made under
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1978, see section 4(d) of
Transfer of Functions
"Secretary", meaning Secretary of Education, substituted in text for "Commissioner" pursuant to sections 301(a)(1) and 507 of
§2569. Authorization of appropriations for Humphrey Institute and Dirksen Center
(a) Maximum amount for Institute
There are authorized to be appropriated such sums, not to exceed $5,000,000, as may be necessary to carry out the provisions of
(b) Maximum amount for Center
There are authorized to be appropriated such sums, not to exceed $2,500,000, as may be necessary to carry out the provisions of
(c) Availability of funds
Funds appropriated pursuant to
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1978, see section 4(d) of