Page images
PDF
EPUB

• The course meets such other reaable criteria as may be established the State approving agency. thority: 38 U.S.C. 3687) Promotion. As funding permits, artment of Veterans Affairs emrees will promote the development pprenticeships. They will: Visit employers and joint apprenship committees, Coordinate their efforts with acties of any State approving agen

that may choose to promote the lopment of apprenticeships, and | Avoid duplicating the efforts of ins by coordinating their profonal efforts with similar activities he Department of Labor and State loyment security agencies as prod by written agreements covering le activities, including utilization isabled veterans' outreach program cialists

thority: 38 U.S.C. 3672(d)) IR 1305, Sept. 23, 1967, as amended at 33 6:46. June 29, 1968; 38 FR 14938, June 7, 47 FR 42731, Sept. 29, 1982)

ployees already trained in the kind of work for which the veteran or eligible person is to be trained;

(6) A certification that the wages to be paid the veteran or eligible person upon entrance into training are not less than wages paid nonveterans in the same training position and are at least 50 percent of the wages paid for the job for which he or she is to be trained, and will be increased in regular periodic increments until, not later than the last full month of the scheduled training period they will be at least 85 percent of the wages paid for the job for which the veteran or eligible person is being trained;

(7) A certification that there is reasonable certainty that the job for which the veteran or eligible person is to be trained will be available to him or her at the end of the training period; and

(8) Any additional information required by the State approving agency.

(c) Approval criteria. The appropriate State approving agency may approve the application submitted under paragraph (b) of this section, when the training establishment and its courses are found upon investigation to have met the criteria outlined in this paragraph. Approval will not be granted for training in occupations which require a relatively short period of experience for a trainee to obtain and hold employment at the market wage in the occupation. This includes occupations such as automobile service station attendant or manager, soda fountain attendant, food service worker, salesman, window washer, building custodian or other unskilled or common labor positions as well as clerical positions for which on-the-job training is not the normal method of procuring qualified personnel.

(1) The job which is the objective of the training is one in which progression and appointment to the next higher classification are based upon skills learned through organized and supervised training on-the-job and not on such factors as length of service and normal turnover;

(2) The training content of the course is adequate to qualify the veteran or eligible person for appointment to the job for which he or she is to be trained;

1262 Other training on-the-job tourses. | General. An "other training onJob" course is any training on the which does not qualify as an aptice course, as defined in $21.4261, which otherwise meets the requirets of paragraph (c) of this section. Application. Any training estabment desiring to furnish a course of er training on-the-job will submit the appropriate State approving ncy & written application setting h the following: | Title and description of the spe

job objective for which the vet1 or eligible person is to be trained; The length of the training period; 1 A schedule listing various operns for major kinds of work or tasks e learned and showing for each job ations or work, tasks to be perled, and the approximate length of to be spent on each operation or

| The number of hours of suppleital related instruction required; ) The entrance wage or salary paid the training establishment to em

[blocks in formation]

(3) The job customarily requires a period of training of not less than 6 months and not more than 2 years of full-time training;

(4) The length of the training period is not longer than that customarily required by the training establishments in the community to provide the veteran or eligible person with the required skills, arrange for the acquiring of job knowledge, technical information, and other facts which the veteran or eligible person will need to learn in order to become competent on the job for which he or she is being trained;

(5) Provision is made for related instruction for the individual veteran or eligible person who may need it;

(6) There is in the training establishment adequate space, equipment, instructional material, and instructor personnel to provide satisfactory training on-the-job;

(7) Adequate records are kept to show the progress made by each veteran or eligible person toward his or her job objective;

(8) The veteran or eligible person is not already qualified by training and experience for the job;

(9) The requirements of paragraphs (b)(6) and (7) of this section are met;

(10) A signed copy of the training agreement for each veteran or eligible person, including the training program and wage schedule as approved by the State approving agency, is provided to the veteran or eligible person and the Department of Veterans Affairs and the State approving agency by the employer; and

(11) The course meets such other reasonable criteria as may be established by the State approving agency.

(a) A flight school or institution higher learning are the only entities t can offer flight courses. A State appr ing agency may approve a flight cou only if a flight school or an institut of higher learning offers the course State approving agency may not prove a flight course if an individ instructor offers it. The provisions $21.4150 shall determine the pro Sta approving agency for approvin flight course.

(Authority: 10 U.S.C. 16136(c); 38 U. 3032(d), 3241(b), 3671, 3672, 3676)

(b) Definition of flight school. A fli school is a school, other than an ini tution of higher learning, or is an ei ty, such as an aero club; is located i State; and meets one of the follow sets of requirements:

(1) The Federal Aviation Administ tion has issued the school or entity ther a pilot school certificate or ar visional pilot school certificate spe fying each course the school is proved to offer under 14 CFR part 141

(2) The entity is either a flight tra ing center or an air carrier that d not have a pilot school certificate provisional pilot school certific issued by the Federal Aviation Adm istration under 14 CFR part 141, 1 pursuant to a grant of exemption let issued by the Federal Aviation Adm istration under 14 CFR part 61 is r mitted to offer pilot training by flight simulator instead of an act aircraft; or

(3) The Federal Aviation Administ tion has issued the school or entity

(Authority: 38 U.S.C. 3677)

(d) Promotion. As funding permits, Department of Veterans Affairs employees will promote the development of on-the-job training courses. They will:

(1) Visit employers,

(2) Coordinate their efforts with activities of any State approving agencies that may choose to promote the development of on-the-job training courses, and

(3) Avoid duplicating the efforts of others by coordinating their pro

training center certificate under 14 fact that the Federal Aviation AdminCFR part 142.

istration will permit flight schools to

conduct training at a base other than Agthority: 10 U.S.C. 16136(b); 38 U.S.C. the main base of operations if the re342), 3241(a), 3452(c))

quirements of either 14 CFR 141.91 or 14 (C) Aero club courses. An aero club, es

CFR 142.17 are met, the satellite base is *ablished, formed, and operated under

considered under 38 U.S.C. 3680A(e)(2) authority of service department regu

to be a branch of the principal school, iations as a nonappropriated sundry

and must meet the requirements of 38 fand activity, is an instrumentality of

U.S.C. 3680A(e)(2). the Federal government. Consequently, VA has exclusive jurisdiction over ap

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3241(b), 3680A) proval of flight courses offered by such zero clubs.

(g) Providing a flight course under con

tract between schools or entities. When a Authority: 38 U.S.C. 3671, 3672)

school or entity offers all or part of a

flight course under a contract with an(d) Approval of flight training as part

other school or entity, the State apof a degree program. A State approving

proving agency must apply $21.4233 in agency may approve a flight training

the following manner: course that is part of a program of edu

(1) The requirements of $21.4233(e) cation leading to a standard college de

must be met for all contracted flight gree provided the course and program

instruction, instruction by flight trainmeet the requirements of $21.4253 or

ing device, flight simulator instruc121.4254, as appropriate. The institu

tion, and ground school training, tion of higher learning offering the

Ground school training may be given course need not be a flight school.

through a ground school facility oper

ated jointly by two or more flight Lothority: 38 U.S.C. 3675, 3676)

schools in the same locality; and le) Approval of sight training courses (2) The responsibility for providing that are not part of a degree program. A the instruction lies with the flight light course is subject to the same ap- school. The degree of affiliation beproval requirements as

any other

tween the flight school and the entity course. In addition, the State approv- or other school that actually does the ing agency must apply the following instructing must be such that all provisions to the approval of flight charges for instruction are made by, courses:

and paid to, one entity having jurisdic(1) The Federal Aviation Administra- tion and control over both the flight tion must approve the course; and and ground portions of the program.

2X(i) The course must meet the reairements of 14 CFR part 63 or 141, (Authority: 10 U.S.C. 16136(c); 38 U.S.C. ad a flight school described in para

3032(d), 3241(b)) graph (b)(1) or (b)(3) of this section

(h) Nonaccredited courses. (1) Applicamust offer it, or

tion of $21.4254 to flight training. The (ii) The course must meet the re

provisions of $21.4254 are applicable to quirements of 14 CFR part 61, and ei- approval of flight training courses. ther be offered

(2) Additional instruction requirements. (A) By a flight school described in

The State approving agency will apply Paragraph (b)(3) of this section; or

the following additional requirements (B) In whole or in part by a flight to a flight course: simulator pursuant to a grant of ex- (i) All flight instruction, instruction emption letter issued by the Federal

by flight training device, flight simuAviation Administration to the flight

lator instruction, preflight briefings school offering the course.

and postflight critiques, and ground

school training in a course must be Authority: 10 U.S.C. 16136(c); 38 U.S.C.

given by the flight school or under 3034(d), 3241(b), 3676, 3680A)

suitable arrangements between the (1) Application of 38 U.S.C. 3680A(e)(2) school and another school or entity to flight training. Notwithstanding the such as a local community college.

that part, or if training is provi under 14 CFR part 142, the records quired by that part.

(Authority: 38 U.S.C. 3671, 3672, 3676, 3696

(i) Hourly limitations. A flight cou approved pursuant to paragraph (e) this section shall be approved only those hours of instruction genera considered necessary for a student obtain an identified vocational ob; tive. This requirement is met only the number of hours approved does : exceed the maximum set forth in pa graph (i)(1) through (3) of this secti Flight instruction may never be s stituted for ground training.

(ii) All ground school training connected with the course must be in residence under the direction and supervision of a qualified instructor providing an opportunity for interaction between the students and the instructor. Simply making provision for having an instructor available to answer questions does not satisfy this requirement.

(3) A flight school must keep at a minimum the following records for each eligible veteran, servicemember, or reservist pursuing flight training:

(i) A copy of his or her private pilot certificate;

(ii) Evidence of completion of any prior training that may be a prerequisite for the course;

(iii) A copy of the medical certificate required by paragraph (a)(2) of this section for the courses being pursued and copies of all medical certificates (expired or otherwise) needed to support all periods of prior instruction received at the current school;

(iv) A daily flight log or copy thereof;

(v) A permanent ground school record;

(vi) A progress log;

(vii) An invoice of flight changes for individual flights or flight lessons for training conducted on a flight simulator or advanced flight training device;

(viii) Daily flight sheets identifying records upon which the 85–15 percent ratio may be computed;

(ix) A continuous meter record for each aircraft;

(x) An invoice or flight tickets signed by the student and instructor showing hour meter reading, type of aircraft, and aircraft identification number;

(xi) An accounts receivable ledger; (xii) Individual instructor records; (xiii) Engine log books;

(xiv) A record for each student above the private pilot level stating the name of the course in which the student is currently enrolled and indicating whether the student is enrolled under 14 CFR part 61, part 63, part 141, or part 142;

(xv) Records of tuition and accounts which are evidence of tuition charged and received from all students; and

(xvi) If training is provided under 14 CFR part 141, the records required by

(Authority: 10 U.S.C. 16136(C); 38 U. 3002(3), 3202(2), 3452(b))

(1) Flight or flight simulator inst tion. Except as provided in paragra (i)(4) of this section, the maxim number of hours of flight instruct or flight simulator instruction wh may be approved for a flight cou shall not exceed the number det mined by this paragraph.

(i) The maximum number of hours solo flight instruction shall not exc the minimum number of hours requi for the course provided by FAA regu tions.

(ii) The maximum number of hours dual flight instruction shall not exce the lesser of

(A) The number of hours of di flight instruction in the course outli approved by the FAA, or

(B) 120% of the minimum number hours of dual flight instruction quired for the course by FAA regu tions.

(iii) The maximum number of hor of instruction by flight simulator flight training device that a State proving agency may approve is t maximum number of hours of instri tion by flight simulator or flight tra ing device permitted by 14 CFR part for that course when:

(A) A course is offered in whole or part by flight simulator or flight tra ing device conducted by a training ce ter certificated under 14 CFR part 1 and

(B) 14 CFR part 61 contains a ma imum number of hours of instructi by flight simulator or flight traini device that may be credited toward the requirements of the rating or certificate that is the objective of the course.

(iv) If a course is offered in whole or is part by flight simulator or flight training device, and the course is not described in paragraph (i)(1)(iii) of this section, either because the course is offered by a flight training center with a grant of exemption letter, or because 14 CFR part 61 does not contain a maximum number of hours of instruction by slight simulator or flight training device, the maximum number of hours of instruction by flight simulator or flight training device that may be approved may not exceed the number of hours in the Federal Aviation Administration-approved outline.

(ii) If these hours are not on the FAA-approved outline, they may not be approved unless the State approving agency finds that the briefings and critiques are an integral part of the course and do not precede or follow solo flying hours which exceed the minimum number of solo flying hours for the course in 14 CFR part 141. The maximum number of hours of preflight briefings and postflight critiques which may be approved for these courses may not, when added together, exceed 25 percent of the approved hours of flight instruction.

Authority: 10 U.S.C. 16131(g); 38 U.S.C. IK20, 3231(0)

(2) Ground school. The ground training portion of a flight course may include two forms of ground training instruction, ground school and preflight briefings and postflight critiques. The snimum hours for ground training, as specified in 14 CFR part 141, appendixes C through J refer only to ground school and not to preflight briefings and postilight critiques. If the ground school training consists of units using kits containing audiovisual equipment, quizzes and examinations, the maximum number of units approved shall not exceed the number on the course ontline approved by the FAA. For all other ground school training, the number of hours of training shall not exDeed the number of hours on the course gatline approved by the FAA. Authority: 10 U.S.C. 16136(c); 38 U.S.C. Mt23), 3202(2), 3452(b)) (3) Preflight briefings and postslight critiques. Hours spent in preflight briefings and postflight critiques need not be approved by the FAA.

(1) If these hours are on the FAA-approved outline, the maximum number of hours of preflight briefings and postilight critiques shall not exceed the number of hours on the outline exclusive of the preflight briefings and post-flight critiques which are attribatable to solo flying hours that exceed the minimum number of solo flying bours for the course in 14 CFR part 141.

(Authority: 10 U.S.C. 16131(f)(4); 16136(c), 38 U.S.C. 3002(3), 3032(f)(4), 3202(2), 3231(f)(4), 3452(b))

(4) Waiver of limitation in approvable course hours. (i) Flight schools that wish to have a greater number of hours of dual flight instruction approved than are permitted by paragraph (i)(1)(ii) of this section, may seek an administrative review of their approval by the Director, Education Service. Requests for such a review should be made in writing to the Director of the VA facility having jurisdiction over the flight school. The request should

(A) State the reasons why the flight school believes that the approval should extend to a greater number of hours, and

(B) Include any evidence tending to show that the greater number of hours should be approved.

(ii) The Director, Education Service shall base her or his decision upon the evidence submitted, the recommendation of the Director of the VA facility, and, if appropriate, the recommendation of the State approving agency having jurisdiction over the flight school.

(iii) The limit on the number of hours of solo flight instruction found in paragraph (i)(1)(i) of this section may not be waived.

(Authority: 10 U.S.C. 16131(f)(4); 38 U.S.C. 3032(f)(4), 3231(f)(4))

(j) Charges. The appropriate State approving agency shall approve charges for tuition and fees for each flight course exclusive of charges for tuition and fees for solo flying hours which exceed the maximum permitted under

« PreviousContinue »