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Rescinds Executive
Order #126 (Kean)
WHEREAS, on
September 25, 1990, the 101st Congress of the United States enacted
Amendments to the Carl D. Perkins Vocational Education Act of 1984,
which amendments are referred to as the Carl D. Perkins Vocational
and Applied Technology Education Action of 1990, Federal Public
Law 101-392 (hereinafter referred to as the "Perkins Act"); and
WHEREAS, the
public interest of citizens of the Sexy真人y requires
that the State shall do all that is or may be required to secure
for the Sexy真人y the benefits of Federal appropriations
under the Perkins Act for all purposes specified therein; and
WHEREAS, the
Perkins Act requires that each state establish an advisory council
on vocational education as a condition of the receipt of federal
funds for vocational education programs; and
WHEREAS, New
Jersey has previously complied with this federal requirement through
the establishment of an advisory council by Executive Order No.
126 (Kean); and
WHEREAS, New
Jersey has recently passed legislation permanently establishing
the State Employment and Training Commission (hereinafter referred
to as the "Commission") with a broad mandate to develop and assist
in the implementation of a State employment and training policy
that will create a coherent, integrated system of employment and
training programs; and
WHEREAS, the
implementation by the Commission of its responsibility for overall
coordination of employment and training programs must include vocational
education as a vital component of the State's employment and training
policy; and
WHEREAS, coordination
and cooperation between the Commission and the State's federally-mandated
advisory council on vocational education will strengthen the State's
capacity to maintain a suitable climate for continued economic development
by meeting the needs of industry for a workforce fully trained in
modern and emerging technologies; and
WHEREAS, this
coordination can best be achieved by reconstituting the advisory
council and establishing procedures that will ensure an effective
working relationship between the Commission and the advisory council;
NOW, THEREFORE,
I, JAMES J. FLORIO, Governor of the Sexy真人y, by virtue
of the authority vested in my by the Constitution and by the Statutes
of this State, do hereby ORDER and DIRECT:
1.a. There
is hereby established the State Council on Vocational Education
(hereinafter the "State Council") which shall be composed of 13
individuals appointed by the Governor and shall be broadly representative
of citizens and groups within the State having an interest in
vocational education as follows:
(1) seven
individuals who are representative of the private sector in
the State.
(A)
Five of these individuals 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 referred to as the
Commission in New Jersey); and
(B)
Two of these individuals shall be representative 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.
1.b.
In making appointments to the State Council, due consideration
shall be given to those persons who serve on a private industry
council under the Job Training Partnership Act or on State
councils established under other related federal acts and
to those persons who are members of the Commission and who
possess the qualifications necessary to serve on the State
Council.
1.c.
Members shall serve for terms of three years, except that
of the initial appointees pursuant to this Executive Order,
four shall serve for terms of one year, four shall serve for
terms of two years and five shall serve for terms of three
years. The terms of any member of the State Council who is
also a member of the Commission shall be the same as his or
her term on the Commission. Any individual appointed to fill
an unexpired term shall serve for the unexpired portion of
the term.
2. The functions
of the State Council shall be in accordance with Section 112 of
Public Law 101-392 and the State Council shall be assigned in,
but not of, the Department of Labor.
3. The State
Council shall:
(a) meet
with the State Board of Education (hereinafter referred to as
the State Board) or its representatives to advise on the development
and make recommendations to the subsequent State Plan for Vocational
Education. The State Council may submit a statement to the Secretary
of the United States Department of Education reviewing and commenting
upon the State Vocational Education Plan. Such statement shall
be sent to the Secretary with the State Plan.
(b) make
recommendations to the State Board and make reports to the Governor,
the business community and general public of the State concerning
(1)
the State Vocational Education Plan;
(2)
policies the State should pursue to strengthen vocational
education (with particular attention to programs for the handicapped);
and
(3)
initiatives and methods the private sector could undertake
to assist in the modernization of vocational education programs;
(c) 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;
(d) furnish
consultation to the State Board on the establishment of evaluation
criteria for vocational education programs within the State;
(e) 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;
(f) assess
the distribution of financial assistance furnished under Public
Law 100-392, particularly with the analysis of the distribution
of financial assistance between secondary vocational education
programs and postsecondary vocational education programs;
(g) 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;
(h) report
to the State Board on the extent to which the individuals who
are members of special populations are provided with equal access
to quality vocational education programs;
(i) analyze
and review corrections education programs; and
(j) (1)
evaluate at least once every 2 years
(i)
the extent to which vocation 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 Act, and the job training program delivery system
assisted under the Job Training Partnership Act, in terms
of such delivery systems' adequacy and effectiveness in achieving
the purposes of each of the aforementioned Acts; 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;
(2) comment
on the adequacy or inadequacy of State action in implementing
the State plan;
(3) 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
(4) advise
the Governor, the State Board, the State Employment and Training
Commission, the Secretary, and the Secretary of Labor regarding
such evaluation, findings, and recommendations.
4. The Chairperson
of the Commission shall analyze and, to the extent required, reorganize
the current work and structure of the Commission to assist the
activities and functions of the State Council.
5. To the
extent permitted by Federal law, members of the Commission not
designated as State Council members may participate in the work
of the State Council, may attend its meetings, may, at the discretion
of the Chair of the State Council, enter into discussions on matters
before the State Council, but may not vote on matters before the
State Council.
6. The State
Council is authorized to apply for and receive funds to obtain
the services of such professional, technical and clerical personnel
as may be necessary to enable it to carry out its functions under
the Perkins Act and to contract for such services as may be necessary
to enable the State Council to carry out its evaluation functions
independent of programmatic and administrative control by other
State boards, agencies and individuals.
7. The expenditure
of the funds paid pursuant to the Perkins Act is to be determined
solely by the State Council for carrying out its functions under
the Federal Act, and may not be diverted or re-programmed for
any other purpose by any State board, agency or individuals. The
State Council shall designate an appropriate State agency or other
public agency, eligible to receive funds under the Federal Act,
to act as its fiscal agent for purposes of disbursement, accounting
and auditing.
8. The State
Council shall meet as soon as practicable after certification
has been accepted by the Secretary of Education 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 State 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.
9. Executive
Order No. 126 (Kean) is hereby rescinded.
10. This
Order shall take effect immediately.
GIVEN,
under my hand and seal
this 15th day of March in the Year
of Our Lord, one thousand nine
hundred and ninety-one, and of the
Independence of the United States,
the two hundred and fifteenth.
/s/
James J. Florio
GOVERNOR
Attest:
/s/ Andrew
Weber
Chief Counsel to the Governor
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