COURSE APPROVAL AND FACILITY SELECTION

$21.290 Training and rehabilitation

resources.

(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.

Authority: 38 U.S.C. 3115)

$21.292 Course approvals.

(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.

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, VR&C 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&C 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.

(Authority: 38 U.S.C. 3115)

[49 FR 40814, Oct. 18, 1984, as amended at 62 FR 17709, Apr. 11, 1997]

$21.294 Selecting the training or rehabilitation facility.

(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

197-135 D-7

§ 21.294

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 nonpi agencies; for-profit agencies and o nizations must meet any additi standards established by local, s (including the State rehabilita agency), and Federal agencies w are applicable to for-profit facil and agencies offering independent ing services.

(Authority: 38 U.S.C. 3115, 3120)

(c) Use of facilities. VA policy shal to use VA facilities, if available provide rehabilitation services for erans in a rehabilitation prog under chapter 31. Non-VA facili may be used to provide rehabilita services only when necessary serv are not readily available at a VHA cility. This policy shall be im mented in accordance with the pr sions of paragraph (b) of this sectio the case of the use of for-profit fa ties to provide programs of i pendent living services, or in the of employment services, provision such services by non-VA sources is mitted under § 21.252.

(Authority: 38 U.S.C. 3115)

(d) Selection of individual to pro training or rehabilitation services. 1 sons selected to provide individual struction or other services as part program leading to the long-range of a veteran's plan must meet one the following criteria:

(1) State requirements for teach in the field or occupation for wh training is being provided; or

(2) Expertise demonstrated thro employment in the field in which veteran is to be trained; or

(3) Requirements established by I fessional associations to provide services needed by the veteran.

(e) Relatives. Relatives of the vete may not be selected to provide se ices, even if otherwise qualified, unl such use is specifically permitted VA regulation governing provision the service. Selection of a training rehabilitation facility owned by veteran or a relative, or in which veteran or a relative of the veteran an interest is precluded, except for lection of a farm as provided in §21.4 The term relative has the same me ing as in §21.374.

in Contracts or agreements required. The Department of Veterans Affairs will negotiate formal contracts for reimbursement to providers of services as requred 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 wil be jeopardized by withholding services until a contract can be compieted; and

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

Authority: 38 U.S.C. 3115)

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 conitions under which training outside the United States may be approved are contained in § 21.130.

Authority: 38 U.S.C. 3114)

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

Authority: 38 U.S.C. 3115)

11 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 facil

ity.

Authority: 38 U.S.C. 3115)

(49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1945. 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.

(a) Additional criteria for selecting a training establishment. In addition to meeting all of the requirements of

training

establishment

§ 21.294 the must: (1) Sign an agreement to provide onjob 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.

(Authority: 38 U.S.C. 3108(c), 3115)

(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.

(Authority: 38 U.S.C. 3115)

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

§ 21.298 Selecting a farm.

(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 son trains-farm operator. If a vetera training is a partner of another pe or if more than one person is invo in operating the farm, the farm s be of such size and character that farm:

(1) Together with the instruc part of the course will occupy the time of the veteran; and

(2) Meets all requirements of p graph (a) of this section.

(c) Selecting a farm-farm mand The farm on which a veteran train become a farm manager shall be such size and character that, toget with the group instruction part of course the farm:

(1) Will occupy the full time of veteran;

(2) Will permit instruction in all pects of the management and opera of a farm of the type for which the eran is being trained; and

(3) Meets the requirements of p graph (a) of this section.

(d) Employer agreement. VA may prove a farm on which a veteran is train to become a farm manager onl the employer-trainer agrees:

(1) To instruct the veteran in vari aspects of farm management in acco ance with the individual's plan;

(2) To pay the veteran for each s cessive period of training a salary wage rate:

(i) Commensurate with the value the veteran's productive labor; and

(ii) Not less than that customar paid to a nonveteran trainee in same or similar training situation that community; and

(3) To employ the veteran as a m ager of the farm on which he or she being trained if his or her conduct progress remain satisfactory, or ass that the veteran will be employed manager of a specified compara farm.

(Authority: 38 U.S.C. 3115)

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

$21.299 Use of Government facilities for on-job training or work experience at no or nominal pay.

(a) Types of facilities which may be used to provide training. Notwithstanding any other provision of regulations governing chapter 31, the facilities of any agency of the United States or of any State or local government receiving Federal financial assistance may be used to provide training or work experience at no or nominal pay as all or part of the veteran's program of vocational training under §§ 21.123, 21.294, and 21.296 of this part. The counseling psychologist and case manager must determine that the training work experience is necessary to accomplish Vocational rehabilitation and providing such training or work experience is in the best interest of the veteran and the Federal government.

(Authority: 38 U.S.C. 3115, Pub. L. 100-689)

(b) Employment status of veterans. (1) While pursuing on-job training or work experience in a facility of the United States, a veteran:

(1) Shall be deemed to be an employee of the United States for the purposes of benefits under chapter 81, title 5 U.S.C.; but

(ii) Shall not be deemed an employee of the United States for the purpose of laws administered by the Office of Personnel Management.

(2) While pursuing on-job training or work experience in a State or local government agency the veteran shall have the employment status and rights comparable to those provided in paragraph (b)(1) of this section for a veteran pursuing on-job training or work experience at a Federal agency.

Authority: 38 U.S.C. 3115, Pub. L. 100-689) (c) Terms applicable to training in State and local government. (1) The term State means each of the several States Territories, any possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

Authority: 38 U.S.C. 101(20))

(2) The term local government agency means an administrative subdivision of a government including a county, municipality, city, town, township, public

authority, district, school district, or other such agency or instrumentality of a local government.

(3) The term Federal financial assistance means the direct or indirect provision of funds by grant, loan, contract, or any other arrangement by the Federal government to a State or local government agency.

(d) Additional considerations in providing on-job training and work experience in State and local government agencies. (1) The veteran's progress and adjustment in a rehabilitation program conducted wholly or in part at a State or local government agency shall be closely monitored by VR&C staff members to assure that:

(i) Training and rehabilitation services are provided in accordance with the veteran's rehabilitation plan. The plan shall provide for:

(A) Close supervision of the veteran's progress and adjustment by the case manager during the period he or she is at the State or local government agency; and

(B) The employer's periodic certification (not less than once every three months) that the veteran's progress and adjustment are in accordance with the program which has been jointly developed by VA, the veteran and the employer; and

(ii) The veteran achieves his or her employment goal.

(2) Training may not be provided for a position which involves religious or political activities;

(3) The veteran's training:

(i) Will not result in the displacement of currently employed workers; and

(ii) Will not be in a job while another person is laid off from a substantially equivalent job, or will not be in a job the opening for which was created as a result of the employer having terminated the employment of any regular employee or otherwise having reduced its workforce with the intention of using the opening for a Chapter 31 trainee.

(Authority: Pub. L. 100-689) [55 FR 3739, Feb. 5, 1990]