403.114—How does a State determine the number of economically disadvantaged students attending vocational education programs under the Secondary School Vocational Education Program?

(a) For the purposes of § 403.113, a State may determine the number of economically disadvantaged students attending vocational education programs on any of the following bases:
(1) Eligibility for one of the following:
(i) Free or reduced-price meals under the National School Lunch Act (42 U.S.C. 1751 et seq.).
(ii) The program for aid to Families with Dependent Children under part A of title IV of the Social Security Act (42 U.S.C. 601 ).
(iii) Benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011 ).
(iv) To be counted for purposes of section 1005 of chapter 1.
(v) Participation in programs assisted under title II of the JTPA.
(2) Receipt of a Pell grant or assistance under a comparable State program of need-based financial assistance.
(3) Status of an individual who is determined by the Secretary to be low-income according to the latest available data from the Department of Commerce or the Department of Health and Human Services Poverty Guidelines.
(4) Other indices of economic status, including estimates of those indices, if the State demonstrates to the satisfaction of the Secretary that those indices are more representative of the number of economically disadvantaged students attending vocational education programs. The Secretary determines, on a case-by-case basis, whether other indices of economic status are more representative of the number of economically disadvantaged students attending vocational education programs, taking into consideration, for example, the statistical reliability of any data submitted by a grantee as well as the general acceptance of the indices by other agencies in the State or local area.
(b) If a State elects to use more than one factor described in paragraph (a) of this section for purposes of determining the number of economically disadvantaged students enrolled in vocational education programs, the State shall ensure that the data used are not duplicative.

Code of Federal Regulations

(Authority: 20 U.S.C. 2341(d)(3) and 2471(15) )