38 C.F.R. §§ 21.290–21.298

5 sections in range

§21.290. Training and rehabilitation resources.

38 C.F.R. § 21.290

(a)

General. For the purpose of providing training and rehabilitation services under Chapter 31 VA may:

(1)

Use facilities, staff and other resources of VA;

(2)

Employ any additional personnel and experts needed;

(3)

Use the facilities and services of any—

(i)

Federal agency;

(ii)

State agency;

(iii)

Other public agency; or

(iv)

Agency maintained by joint Federal and state contributions.

(4)

Use the facilities and services of any—

(i)

Public institution or establishment;

(ii)

Private institution or establishment; or

(iii)

Private individual.

(b)

Agreement required. Use of facilities and services provided under paragraph (a) of this section shall be procured through contract, agreement, or other cooperative arrangement. The specific requirements for use of contracts or other arrangements are described in 48 CFR 871.2.

Notes, amendments, and revision history

Authority

Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in specific sections.

Source

Source: 49 FR 40814, Oct. 18, 1984, unless otherwise noted.

§21.292. Course approvals.

38 C.F.R. § 21.292

(a)

Courses must be approved. Only those courses approved by the Department of Veterans Affairs shall be utilized to provide training and rehabilitation services under Chapter 31.

(b)

General. VA staff in consultation with the veteran will select courses and services needed to carry out the rehabilitation plan only from those which VA determines are offered by a training or rehabilitation facility which:

(1)

Meets the requirements of §§ 21.120 through 21.162;

(2)

Meets the criteria of §§ 21.290 through 21.299; and

(3)

Is in compliance with Title VI of the Civil Rights Act of 1964, section 503(a) Veterans Readjustment Act of 1972, and sections 501 through 504 of the Rehabilitation Act of 1973.

(c)

Obtaining information necessary for approval. In determining whether services and courses may be approved for a veteran's training and rehabilitation under Chapter 31, the Department of Veterans Affairs may use information relevant to the approval or certification of such services and courses for similar purposes developed by:

(1)

The State approving agencies;

(2)

The Department of Labor;

(3)

State vocational rehabilitation agencies;

(4)

Nationally recognized accrediting associations;

(5)

The Committee on Accreditation of Rehabilitation Facilities; and

(6)

Other organizations and agencies.

(d)

Course not approved. If a course or program is not approved by one of the agencies identified in paragraph (c) of this section, Veteran Readiness and Employment (VR&E) staff shall develop necessary information to determine whether criteria given in paragraphs (a) and (b) of this section are met.

(e)

Course disapproved. The VR&E Officer may approve for 38 U.S.C. chapter 31 use courses that one of the agencies in paragraph (c) of this section has disapproved.

Notes, amendments, and revision history

Amendments

[49 FR 40814, Oct. 18, 1984, as amended at 62 FR 17709, Apr. 11, 1997; 87 FR 8743, Feb. 16, 2022]

Authority

Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in specific sections.

Source

Source: 49 FR 40814, Oct. 18, 1984, unless otherwise noted.

Amendments

[49 FR 40814, Oct. 18, 1984, as amended at 62 FR 17709, Apr. 11, 1997; 87 FR 8743, Feb. 16, 2022]

§21.294. Selecting the training or rehabilitation facility.

38 C.F.R. § 21.294

(a)

Criteria the facility must meet. In addition to approval of the courses offered, all facilities which provide training and rehabilitation services under Chapter 31 must meet the criteria contained in §§ 21.290 through 21.299 applicable to the type of facility. Each facility must:

(1)

Have space, equipment, instructional material and instructor personnel adequate in kind, quality, and amount to provide the desired service for the veteran;

(2)

Fully accept the obligation to give the training or rehabilitation services in all parts of the plan which call for the facility's participation;

(3)

Provide courses or services which—

(i)

Meet the customary requirements in the locality for employment in the occupation in which training is given when employment is the objective of the program; and

(ii)

Meet the requirements for licensure or permit to practice the occupation, if such is required;

(4)

Agree—

(i)

To cooperate with VA, and

(ii)

To provide timely and accurate information covering the veteran's attendance, performance, and progress in training in the manner prescribed by VA.

(b)

Selecting a facility for provision of independent living services.

(1)

Facilities offering independent living services will be utilized to:

(i)

Evaluate independent living potential;

(ii)

Provide a program of independent living services to veterans for whom an IILP (Individualized Independent Living Plan) has been developed; or

(iii)

Provide independent living services to veterans as part of an IWRP (Individualized Written Rehabilitation Plan) or an IEEP (Individualized Extended Evaluation Plan).

(2)

VA may use public and nonprofit agencies and facilities to furnish independent living services. Public and nonprofit facilities may be:

(i)

Veterans Health Administration (VHA) facilities that provide independent living services;

(ii)

Facilities which meet standards established by the State rehabilitation agency for rehabilitation facilities or for providers of independent living services;

(iii)

Facilities which are neither approved nor disapproved by the State rehabilitation agency, but are determined by VA as able to provide the services necessary in an individual veteran's case.

(3)

VA also may use for-profit agencies and organizations to furnish programs of independent living services only if services comparable in effectiveness to those provided by for-profit agencies and organizations:

(i)

Are not available through public or nonprofit agencies or VHA; or

(ii)

Cannot be obtained cost-effectively from public or nonprofit agencies or VHA.

(4)

In addition to the criteria described in paragraph (b)(3)(i) of this section for public and private nonprofit agencies; for-profit agencies and organizations must meet any additional standards established by local, state (including the State rehabilitation agency), and Federal agencies which are applicable to for-profit facilities and agencies offering independent living services.

(c)

Use of facilities. VA policy shall be to use VA facilities, if available, to provide rehabilitation services for veterans in a rehabilitation program under chapter 31. Non-VA facilities may be used to provide rehabilitation services only when necessary services are not readily available at a VHA facility. This policy shall be implemented in accordance with the provisions of paragraph (b) of this section in the case of the use of for-profit facilities to provide programs of independent living services, or in the case of employment services, provision of such services by non-VA sources is permitted under § 21.252.

(d)

Selection of individual to provide training or rehabilitation services. Persons selected to provide individual instruction or other services as part of a program leading to the long-range goal of a veteran's plan must meet one of the following criteria:

(1)

State requirements for teaching in the field or occupation for which training is being provided; or

(2)

Expertise demonstrated through employment in the field in which the veteran is to be trained; or

(3)

Requirements established by professional associations to provide the services needed by the veteran.

(e)

Relatives. Relatives of the veteran may not be selected to provide services, even if otherwise qualified, unless such use is specifically permitted by VA regulation governing provision of the service. Selection of a training or rehabilitation facility owned by the veteran or a relative, or in which the veteran or a relative of the veteran has an interest is precluded, except for selection of a farm as provided in § 21.298. The term relative has the same meaning as in § 21.374.

(f)

Contracts or agreements required. The Department of Veterans Affairs will negotiate formal contracts for reimbursement to providers of services as required by § 21.262. However, a letter contract will be effected immediately to permit the induction of the veteran into a program if:

(1)

The veteran is immediately entered into a school with which a contract is required;

(2)

The veteran's rehabilitation plan will be jeopardized by withholding services until a contract can be completed; and

(3)

There are no known reasons to indicate that a contract may not be completed in a reasonable time.

(g)

Training outside the United States. VA may only use those facilities and courses outside the United States to provide training under Chapter 31 which meet requirements for approval under §§ 21.4250(c) and 21.4260. The conditions under which training outside the United States may be approved are contained in § 21.130.

(h)

Flight training. Flight training may only be provided in educational institutions which offer a standard college degree. The specific conditions under which flight training may be approved are contained in § 21.134.

(i)

Additional consideration. The case manager will consider the veteran's preference for a particular training or rehabilitation facility but VA has final responsibility for selection of the facility.

Notes, amendments, and revision history

Amendments

[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985, as amended at 53 FR 50958, Dec. 19, 1988; 55 FR 42187, Oct. 18, 1990; 62 FR 17709, Apr. 11, 1997]

Authority

Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in specific sections.

Source

Source: 49 FR 40814, Oct. 18, 1984, unless otherwise noted.

Amendments

[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985, as amended at 53 FR 50958, Dec. 19, 1988; 55 FR 42187, Oct. 18, 1990; 62 FR 17709, Apr. 11, 1997]

§21.296. Selecting a training establishment for on-job training.

38 C.F.R. § 21.296

(a)

Additional criteria for selecting a training establishment. In addition to meeting all of the requirements of § 21.294 the training establishment must:

(1)

Sign an agreement to provide on-job training to disabled veterans;

(2)

Provide continuous training for each veteran without interruption except for normal holidays and vacation periods;

(3)

Provide daytime training for the veteran except when the veteran cannot obtain necessary on-job or related training during the working hours of the day;

(4)

Modify the program when necessary to compensate for the limitations resulting from the veteran's disability or needs;

(5)

Organize training into definite steps or units which will result in progressive training;

(6)

Encourage rapid progress of each veteran rather than limit the progress of the individual to the progress of the group;

(7)

Not, during the period of training, use the veteran on production activities beyond the point of efficient training;

(8)

Agree to pay the veteran during training (except as provided in paragraph (b) of this section) a salary or wage rate;

(i)

Commensurate with the value of the veteran's productive labor,

(ii)

Not less than that prescribed by the Fair Labor Standards Act of 1938, as amended, and

(iii)

Not less than that customarily paid to nonveteran-trainees in the same or similar training situation;

(9)

Agree to provide the veteran with employment at the end of the training program, provided the veteran's conduct and progress have been satisfactory; and

(10)

Agree to furnish VA a statement in writing showing wages, compensation, and other income paid directly or indirectly to each veteran in training under Chapter 31 during the month.

(b)

On-job training at subminimum wage rates. A subminimum hourly wage rate for handicapped workers may be considered where necessary in order to prevent curtailment of opportunities for employment. Payment at the subminimum rate must be approved by the Wage and Hour Division of the Department of Labor.

Notes, amendments, and revision history

Amendments

[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985]

Authority

Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in specific sections.

Source

Source: 49 FR 40814, Oct. 18, 1984, unless otherwise noted.

Amendments

[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985]

§21.298. Selecting a farm.

38 C.F.R. § 21.298

(a)

Control of the farm—farm operator. A farm selected for farm cooperative training must be under the control of the veteran by ownership, lease or other written tenure arrangement. If the veteran does not own the farm, the lease or other written agreement shall:

(1)

Afford the veteran control of the farm at least until the end of his or her course;

(2)

Allow the veteran's control to be such that he or she is able—

(i)

To carry out the provisions of the training program; and

(ii)

To operate the farm in accordance with the farm and home plan developed by the case manager and the veteran in collaboration with the instructor, and when appropriate, the landowner or lessor;

(3)

Permit instruction in the planning, management, and operation of farming enterprise in the veteran's farm and home plan;

(4)

At least by the end of the necessary minimum period of training, assure the veteran a reasonably satisfactory living under normal economic conditions;

(5)

Provide for the necessary buildings and equipment to enable the veteran to satisfactorily begin pursuit of the course of farm cooperative training;

(6)

Provide for resources which give reasonable promise that any additional items required for the pursuit of the course, including livestock, will be available as they become necessary;

(7)

Provide for capital improvements to be made which are necessary for carrying out the farm and home plan, with the veteran furnishing no greater portion of the costs than the benefits accruing to the veteran warrant; and

(8)

Provide for the landowner or leasor to share the costs of improved practices put into effect in proportion to the returns he or she will receive from such practices.

(b)

Farms on which more than one person trains—farm operator. If a veteran in training is a partner of another person or if more than one person is involved in operating the farm, the farm shall be of such size and character that the farm:

(1)

Together with the instruction part of the course will occupy the full time of the veteran; and

(2)

Meets all requirements of paragraph (a) of this section.

(c)

Selecting a farm—farm manager. The farm on which a veteran trains to become a farm manager shall be of such size and character that, together with the group instruction part of the course the farm:

(1)

Will occupy the full time of the veteran;

(2)

Will permit instruction in all aspects of the management and operation of a farm of the type for which the veteran is being trained; and

(3)

Meets the requirements of paragraph (a) of this section.

(d)

Employer agreement. VA may approve a farm on which a veteran is to train to become a farm manager only if the employer-trainer agrees:

(1)

To instruct the veteran in various aspects of farm management in accordance with the individual's plan;

(2)

To pay the veteran for each successive period of training a salary or wage rate—

(i)

Commensurate with the value of the veteran's productive labor; and

(ii)

Not less than that customarily paid to a nonveteran trainee in the same or similar training situation in that community; and

(3)

To employ the veteran as a manager of the farm on which he or she is being trained if his or her conduct and progress remain satisfactory, or assure that the veteran will be employed as manager of a specified comparable farm.

Notes, amendments, and revision history

Amendments

[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985]

Authority

Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in specific sections.

Source

Source: 49 FR 40814, Oct. 18, 1984, unless otherwise noted.

Amendments

[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985]

38 C.F.R. §§ 21.290–21.298

§21.290. Training and rehabilitation resources.

Authority

Source

§21.292. Course approvals.

Amendments

Authority

Source

Amendments

§21.294. Selecting the training or rehabilitation facility.

Amendments

Authority

Source

Amendments

§21.296. Selecting a training establishment for on-job training.

Amendments

Authority

Source

Amendments

§21.298. Selecting a farm.

Amendments

Authority

Source

Amendments

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