|Issuer:||Michael S. Dukakis|
|Mass Register:||No. 462|
|Revoking and Superseding:||Executive Order 138|
Table of Contents
(Superceding and Revoking Executive Order No. 138)
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 98-524 (the "Act"), the Carl D. Perkins Vocational Education Act, 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 Council on Vocational 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 said Public Law mandates specific Council representation by requiring thirteen members from several categories;
NOW, THEREFORE, I, Michael S. Dukakis, Governor of the Commonwealth of Massachusetts, but virtue of the authority vested in me as Supreme Executive Magistrate, do hereby order as follows:
1. The Massachusetts State Council on Vocational Education, hereinafter 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 council which council is denominated and which functions and responsibilities are set out in Title I of PL 98-524.
2. The Council shall be composed of thirteen members, each of whom shall be appointed to serve at the discretion of the Governor. Members of the State Board of Education shall be ineligible for appointment to the Council.
(A) The Council shall be composed of thirteen individuals, and shall be broadly representative of citizens and groups within the Commonwealth having an interest in vocational education.
(B) The membership of the Council shall include seven individuals who are representative of the private sector in the Commonwealth and who shall constitute a majority of the membership:
(l) five of whom shall be representative of business, industry, and agriculture including one member who is representative of small business concerns; and one member who is a private sector member of the State job training coordinating council established pursuant to the section 122 of the JTPA;
(2) two of whom shall be representatives of labor organizations; and
(3) six individuals, one of whom shall be a representative of special education, who are representative of secondary and postsecondary vocational institutions(equitably distributed among such institutions); career guidance and counseling organizations within the Commonwealth; and individuals who have special knowledge and qualifications with respect to the special educational and career development needs of special populations, including women, disadvantaged individuals, handicapped individuals, individuals with limited English proficiency and minorities.
(C) In selecting individuals to serve on the Council, the Governor shall give consideration to individuals who serve on a private industry council under the JTPA, or similar councils established under other related Federal programs.
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 Commonwealth.
3. The Council shall have the following functions and responsibilities:
(A)(l) The Council shall meet as soon as practical after the promulgation of this Executive Order and shall select from among its membership a chairperson who shall be a representative of the private sector;
(2) The Council shall adopt rules that govern the time, place, and manner of meeting, as well as council operating procedures and staffing. The rules must provide for at least one public meeting each year at which the public is given an opportunity to express views concerning the vocational education program of the State.
(B) In addition, the Council shall:
(1) Meet with the state board of vocational education, established pursuant to the Act or its representatives to advise on the development of the State plan, or any amendments to the state plan, while the State plan or amendment is being developed;
(2) Advise the State board and make reports to the Governor, the business community, and general public of the Commonwealth concerning policies the Commonwealth should pursue to strengthen vocational education, with particular attention to programs for the handicapped; and initiatives and methods the private sector could undertake to assist the modernization of vocational education programs;
(3) Analyze and report on the distribution of all vocational education funds in the Commonwealth and on the availability of vocational education activities and services within the Commonwealth;
(4) Consult with the State board on the establishment of evaluation criteria for vocational education programs within the Commonwealth;
(5) Submit recommendations to the State board on the conduct of vocational education programs conducted in the Commonwealth which emphasize the use of business concerns and labor organizations;
(6) Assess the distribution of financial assistance under the Act, particularly 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 the individuals described in Section 401.51 of Chapter 34 of the Code of Federal Regulations are provided with equal access to quality vocational education programs; and
(9)(a) At least once every two years, the Council shall evaluate the vocational education program delivery system assisted under the Act and the JTPA in terms of their adequacy and effectiveness in achieving their respective purposes, and
(b) Make recommendations to the State board on the adequacy and effectiveness of the coordination that takes place between vocational education and the JTPA, and in writing, advise the Governor, the State board, the State job training coordinating council, the Secretary, and the Secretary of Labor of these findings and recommendations.
(C)(l) The Council is authorized to obtain the services of whatever professional, technical and clerical personnel are necessary to enable it to carry out its functions under the Act; and contract for whatever services are necessary to enable it to carry out its evaluation functions, independent of programmatic and administrative control by other State boards, agencies, and individuals.
(2) The expenditure of funds awarded to the Council by the United States Secretary of Education shall be solely determined by the Council and may not be diverted or reprogrammed for any other purpose by any State board, agency, or individual. The Council shall designate an appropriate State agency, or other public agency eligible to receive funds under the Act to act as its fiscal agent for purposes of disbursement, accounting, and auditing.
4. 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;
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 26th day of March in the year of our Lord one thousand nine hundred and eight-five, and of the Independence of the United States of America two hundred and nine.
Michael S. Dukakis, Governor
Commonwealth of Massachusetts
Michael Joseph Connolly
Secretary of the Commonwealth