State of New Jersey
Executive Order #28

Governor James J. Florio

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 State of New Jersey requires that the State shall do all that is or may be required to secure for the State of New Jersey 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 State of New Jersey, 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


/s/ Andrew Weber
Chief Counsel to the Governor