Executive Order  No. 138: Establishing an Advisory Council on Vocational and Technical Education

WHEREAS, a sound vocational and technical education program is essential to the continued prosperity of our Commonwealth and the comfort of its citizens; and

WHEREAS, the young men and women of our Commonwealth deserve and require educational programs and facilities of the highest standard; and

WHEREAS, the enactment by the United States Congress of Public Law 90-576, amending the Vocational Education Act of 1963, now provides the opportunity for developing and implementing a comprehensive plan designed to enhance the effectiveness of the vocational and technical education programs conducted throughout the Commonwealth; and

WHEREAS, the said Public Law provides for and requires the establishment of a State Advisory Council on Vocational and Technical Education which is to assume important responsibilities with regard to vocational and technical education and the state plan for vocational and technical education; and

WHEREAS, the enactment by the United States Congress of Public Law 94-482, on October 12, 1976, extending the Higher Education Act of 1965, and extending and revising the Vocational Education Act of 1963, and for other purposes, revises and expands the duties and responsibilities of the Advisory Council on Vocational-Technical Education; and

WHEREAS, the said Public Law mandates specific and expanded Council representation by requiring representation from 20 categories;

NOW, THEREFORE, I, Michael S. Dukakis, Governor of the Commonwealth, by virtue of the authority vested in me as supreme executive magistrate, do hereby order as follows:

1. The Advisory Council on Vocational and Technical Education, hereafter referred to as the Council, is hereby established and the Council is hereby designated as the state agency to perform the functions and fulfill the responsibilities of the state advisory council which council is denominated and which functions and responsibilities are set out in Title I of Public Law 90-576, and as amended by Title II of 90 STAT. 2081, P.L. 94-482.

2. The Council shall be composed of at least 20 members each of whom shall be appointed to a term of three years by the Governor except that in the case of members appointed for fiscal year 1978, the Governor shall assign terms such that one-third of the Council's total membership shall hold terms of two years each, and one-third of the Council's total membership shall hold terms of one year each. Any vacancy on the Council due to causes other than the expiration of a term shall be filled by appointment of the Governor for the unexpired portion of the term. Members of the Council who were appointed prior to October 1, 1977, may continue to serve for the terms for which they were appointed. Members of the State Board of Education shall be ineligible for appointment to the Council. A majority of Council members shall be persons who are not educators or administrators in the field of education. The Council's member- ship shall include one or more persons who:

(1) represent, and are familiar with, the vocational needs and problems of management in the State;

(2) represent, and are familiar with, the vocational needs and problems of labor in the State;

(3) represent, and are familiar with, the vocational needs and problems of agriculture in the State;

(4) represent State industrial and economic development agencies;

(5) represent community and junior colleges;

(6) represent other institutions of higher education, area vocational schools, technical institutes, and post-secondary agencies or institutions which provide programs of vocational or technical education and training;

(7) have special knowledge, experience or qualifications with respect to vocational education but are not involved in the administration of State or local vocational education programs;

(8) represent, and are familiar with, public programs of vocational education in comprehensive secondary schools;

(9) represent, and are familiar with, non-profit private schools;

(10) represent, and are familiar with, vocational guidance and counseling services;

(11) represent State correctional institutions;

(12) are vocational education teachers presently teaching in local educational agencies;

(13) are currently serving as superintendents or other administrators of local educational agencies;

(14) are currently serving on local school boards;

(15) represent the State Manpower Services Council established pursuant to section 107 of the Comprehensive Employment and Training Act of 1973;

(16) represent school systems with large concentrations of persons who have special academic, social, economic, and cultural needs and of persons who have limited English-speaking ability;

(17) are women with backgrounds and experiences in employment and training programs, and who are knowledgeable with respect to the special experiences and problems of sex discrimination in job training and employment and of sex stereotyping in vocational education, including women who are members of minority groups and who have, in addition to such backgrounds and experiences, special knowledge of the problems of discrimination in job training and employment against women who are members of such groups;

(18) have special knowledge, experience, or qualifications with respect to the special educational needs of physically or mentally handicapped persons;

(19) represent the general public, including a person or persons representing and knowledgeable about the poor and disadvantaged; and,

(20) are vocational education students who are not qualified for membership under any of the preceding clauses of this paragraph.

A Council member may not represent more than one of the above specified categories. In appointing the Council, the Governor shall insure that there is appropriate representation of both sexes, racial and ethnic minorities, and the various geographic regions of the State.

3. The Council shall have the following functions and responsibilities:

(i) It shall advise the State Board of Education on the development of the five-year State plan submitted pursuant to section 107 and the annual program plan and accountability report submitted pursuant to section 108 of Public Law 94-482, and shall advise the State Board of Education on policy issues arising out of the administration of programs under such plans and reports.

(ii) It shall evaluate vocational education programs, services, and activities assisted pursuant to the State plan and publish and distribute the results thereof, and

(iii) It shall prepare and submit through the State Board of Education to the United States Commissioner of Education and to the National Advisory Council on Vocational Education an annual evaluation report, accompanied by such additional comments of the State Board as that Board deems appropriate, which, (a) evaluate the effectiveness of vocational education programs, services, and activities carried out in the year under review in meeting the program objectives set forth in the five-year State plan submitted pursuant to section 107 and the annual program plan accountability report submitted pursuant to section 108 of Public Law 94-482, including a consideration of the program evaluation reports developed by the State pursuant to section 112 of P.L. 94-482 and of the analysis of the distribution of Federal funds within the State submitted by the State Board pursuant to section 108 of P.L. 94-482 and; (b) recommend such changes in such programs, services and activities as may be warranted by the evaluations.

(iv) (a) It shall identify, after consultation with the State Manpower Services Council, the vocational education and employment and training needs of the State and assess the extent to which vocational education, employment training, vocational rehabilitation, and other programs assisted under the Vocational Education Act as amended and related Acts represent a consistent, integrated, and coordinated approach to meeting such needs; and (b) comment, at least once annually, on the reports of the State Manpower Services Council, which comments shall be included in the annual report submitted by the Advisory Council on Vocational-Technical Education pursuant to this section and in the annual report submitted by the State Manpower Services Council of the Comprehensive Employment and Training Act of 1973.

(v) It shall undertake to discuss the context of reports described in this Executive Order with the Governor or the Governor's designee from time to time throughout the year and shall further use its best efforts to submit complete preliminary reports as described in this Executive Order to the Governor or to the Governor's designee 30 days prior to their required due date for review and comments.

4. The Chairperson of the Council shall be designated once each year by the Council. The Council, using available funds, is hereby authorized to obtain the services of such professional, technical and clerical personnel as may be necessary to enable the Council to carry out its functions and to contract for such service as may be necessary to enable it to carry out its evaluation functions. The Council shall submit to the Governor or to the Governor's designee a detailed and thorough fiscal report of its activities for the year, and shall undertake to submit such a report within ninety days following the end of the fiscal year. The members of the Council shall serve without compensation but may be reimbursed for their expenses actually and necessarily incurred as board members; provided that such reimbursement shall not exceed $100 per day, including travel time.

5. The time, place and manner of meeting of the Council shall be as provided by the rules of the Council; provided that the Council shall meet within thirty days after certification has been accepted by the United States Commissioner of Education; and, provided, further, that the rules of the Council shall require the holding of not less than one public meeting each year at which the public is given the opportunity to express views concerning vocational education.

Given at the Executive Chamber in Boston this day of September in the year of our Lord, one thousand nine hundred and seventy-seven and of the Independence of the United States the two hundred second.

Michael S. Dukakis
Governor
Commonwealth of Massachusetts

Paul Guzzi
Secretary of the Commonwealth