38 C.F.R. §§ 21.8070–21.8074

3 sections in range

§21.8070. Basic duration of a vocational training program.

38 C.F.R. § 21.8070

(a)

Basic duration of a vocational training program. The duration of a vocational training program, as paragraphs (e)(1) and (e)(2) of § 21.8020 provide, may not exceed 24 months of full-time training, services, and assistance or the part-time equivalent, except as § 21.8072 allows.

(b)

Responsibility for estimating the duration of a vocational training program. While preparing the individualized written plan of vocational rehabilitation, the CP or VRC will estimate the time the child needs to complete a vocational training program.

(c)

Duration and scope of training must meet general requirements for entry into the selected occupation. The child will receive training, services, and assistance, as § 21.8120 describes, for a period that VA determines the child needs to reach the level employers generally recognize as necessary for entry into employment in a suitable occupational objective.

(d)

Approval of training beyond the entry level. To qualify for employment in a particular occupation, the child may need training that exceeds the amount a person generally needs for employment in that occupation. VA will provide the necessary additional training under one or more of the following conditions:

(1)

Training requirements for employment in the child's vocational goal in the area where the child lives or will seek employment exceed those job seekers generally need for that type of employment;

(2)

The child is preparing for a type of employment in which he or she will be at a definite disadvantage in competing with nondisabled persons and the additional training will offset the competitive disadvantage;

(3)

The choice of a feasible occupation is limited, and additional training will enhance the child's employability in one of the feasible occupations; or

(4)

The number of employment opportunities within a feasible occupation is restricted.

(e)

Estimating the duration of the training period. In estimating the length of the training period the eligible child needs, the CP or VRC must determine that:

(1)

The proposed vocational training would not normally require a person without a disability more than 24 months of full-time pursuit, or the part-time equivalent, for successful completion; and

(2)

The program of training and other services the child needs, based upon VA's evaluation, will not exceed 24 months or the part-time equivalent. In calculating the proposed program's length, the CP or VRC will follow the procedures in § 21.8074(a).

(f)

Required selection of an appropriate vocational goal. If the total period the child would require for completion of an initial vocational training program in paragraph (e) of this section is more than 24 months, or the part-time equivalent, the CP or VRC must work with the child to select another suitable initial vocational goal.

Notes, amendments, and revision history

Authority

Authority: 38 U.S.C. 101, 501, 512, 1151 note, ch. 18, 5112, and as noted in specific sections.

Source

Source: 67 FR 72565, Dec. 6, 2002, unless otherwise noted.

§21.8072. Authorizing training, services, and assistance beyond the initial individualized written plan of vocational rehabilitation.

38 C.F.R. § 21.8072

(a)

Extension of the duration of a vocational training program. VA may authorize an extension of a vocational training program when necessary to provide additional training, services, and assistance to enable the child to achieve the vocational or employment goal identified before the end of the child's basic entitlement period, as stated in the individualized written plan of vocational rehabilitation under § 21.8080. A change from one occupational objective to another in the same field or occupational family meets the criterion for prior identification in the individualized written plan of vocational rehabilitation.

(b)

Extensions for prior participants in the program.

(1)

Except as paragraph (b)(2) of this section provides, VA may authorize additional training, limited to the use of remaining program entitlement including any allowable extension, for an eligible child who previously participated in vocational training under this subpart. The additional training must:

(i)

Be designed to enable the child to complete the prior vocational goal or a different vocational goal; and

(ii)

Meet the same provisions as apply to training for new participants.

(2)

An eligible child who has previously achieved a vocational goal in a vocational training program under this subpart may not receive additional training under paragraph (b)(1) of this section unless a CP or VRC sets aside the child's achievement of that vocational goal under § 21.8284.

(c)

Responsibility for authorizing a program extension. A CP or VRC may approve extensions of the vocational training program the child is pursuing up to the maximum program limit of 48 months if the CP or VRC determines that the child needs the additional time to successfully complete training and obtain employment, and the following conditions are met:

(1)

The child has completed more than half of the planned training; and

(2)

The child is making satisfactory progress.

Notes, amendments, and revision history

Authority

Authority: 38 U.S.C. 101, 501, 512, 1151 note, ch. 18, 5112, and as noted in specific sections.

Source

Source: 67 FR 72565, Dec. 6, 2002, unless otherwise noted.

§21.8074. Computing the period for vocational training program participation.

38 C.F.R. § 21.8074

(a)

Computing the participation period. To compute the number of months and days of an eligible child's participation in a vocational training program:

(1)

Count the number of actual months and days of the child's—

(i)

Pursuit of vocational education or training;

(ii)

Receipt of extended evaluation-type services and training, or services and training to enable the child to prepare for vocational training or employment, if a veteran in a 38 U.S.C. chapter 31 program would have received a subsistence allowance while receiving the same type of services and training; and

(iii)

Receipt of employment and post-employment services (any period of employment or post-employment services is considered full-time program pursuit).

(2)

Do not count—

(i)

The initial evaluation period;

(ii)

Any period before the child enters a vocational training program under this subpart;

(iii)

Days of authorized leave; and

(iv)

Other periods during which the child does not pursue training, such as periods between terms.

(3)

Convert part-time training periods to full-time equivalents.

(4)

Total the months and days under paragraphs (a)(1) and (a)(3) of this section. This sum is the period of the child's participation in the program.

(b)

Consistency with principles for charging entitlement. Computation of the program participation period under this section will be consistent with the principles for charging entitlement under § 21.8020.

Notes, amendments, and revision history

Authority

Authority: 38 U.S.C. 101, 501, 512, 1151 note, ch. 18, 5112, and as noted in specific sections.

Source

Source: 67 FR 72565, Dec. 6, 2002, unless otherwise noted.

38 C.F.R. §§ 21.8070–21.8074

§21.8070. Basic duration of a vocational training program.

Authority

Source

§21.8072. Authorizing training, services, and assistance beyond the initial individualized written plan of vocational rehabilitation.

Authority

Source

§21.8074. Computing the period for vocational training program participation.

Authority

Source

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