(4) Reasonable adjustment to training; and

(5) Other circumstances affecting the child's ability to pursue training.

(Authority: 38 U.S.C. 1804(c))

(b) Continuous pursuit. A child should pursue a program of vocational training with as little interruption as necessary, considering the factors in paragraph (a) of this section.

(Authority: 38 U.S.C. 1804(c))

(c) Responsibility for determining the rate of pursuit. VR&C staff members will consult with the child when determining the rate and continuity of pursuit of a vocational training program. These staff members will also confer with the medical consultant and the Vocational Rehabilitation Panel described in §§ 21.60 and 21.62, as necessary. This rate and continuity of pursuit determination will occur during development of the individualized written plan of vocational rehabilitation, but may change later, as necessary to enable the child to complete training.

(Authority: 38 U.S.C. 1804(c))

(d) Measurement of training time used. VA will measure the rate of pursuit in a comparable manner to rate of pursuit measurement under § 21.310 for veterans under the 38 U.S.C. chapter 31 program.

(Authority: 38 U.S.C. 1804(c))

AUTHORIZATION OF SERVICES

§ 21.8320 Authorization of services. The provisions of § 21.326, pertaining to the commencement and termination dates of a period of employment services, apply to children under this subpart in a manner comparable to that provided for veterans under the 38 U.S.C. chapter 31 program. References in that section to an individualized employment assistance plan IEAP should be considered as referring to the child's individualized written plan of vocational rehabilitation under this subpart.

(Authority: 38 U.S.C. 1804(c))

§ 21.8360 Satisfactory conduct and cooperation.

The provisions for satisfactory conduct and cooperation in §§ 21.362 and 21.364, except as otherwise provided in this section, apply to children under this subpart in a manner comparable to the way they apply to veterans under the 38 U.S.C. chapter 31 program. If a child fails to meet these requirements for satisfactory conduct or coopera tion, the VR&C case manager will terminate the child's vocational training program. VA will not grant a child reentrance to a vocational training program unless the reasons for unsatisfactory conduct or cooperation have been removed.

(Authority: 38 U.S.C. 1804(c))

TRANSPORTATION SERVICES

8370 Authorization of transportation services.

) General. VA shall authorize transation services necessary for a child pursue a vocational training pron. The sections in subpart A of this that are referred to in this parah (a) shall apply to children under subpart in a manner comparable to way they apply to veterans under 38 U.S.C. chapter 31 program. isportation services include:

Transportation for evaluation or iseling under § 21.376;

Intraregional travel under § 21.370 ept that assurance that the child Its all basic requirements for inducinto training will be determined out regard to the provisions of 182) and interregional travel under 372;

› Special transportation allowance er §21.154; and

Commuting to and from training while seeking employment, subject aragraphs (c) and (d) of this sec

hority: 38 U.S.C. 1804(c))

) Reimbursement. For transportation ices that VA authorizes, VA will nally pay in arrears and in the e manner as tuition, fees, and other ices under this program.

hority: 38 U.S.C. 1804(c))

) Payment for commuting expenses for ning and seeking employment. VA I pay for transportation during the od of vocational training and the t 3 months the child receives emment services. VA may reimburse child's costs, not to exceed $200 per ath, of commuting to and from ining and seeking employment if he she requests this assistance and VA ermines, after careful examination the child's situation and subject to limitations in paragraph (d) of this tion, that the child would be unable pursue training or employment chout this assistance. VA may:

1) Reimburse the facility at which e child is training if the facility proled transportation or related serv

(2) Reimburse the child for his or her actual commuting expense if the child paid for the transportation.

(Authority: 38 U.S.C. 1804(c))

(d) Limitations. Payment of commuting expenses under paragraph (a)(4) of this section may not be made for any period when the child:

(1) Is gainfully employed;

(2) Is eligible for, and entitled to, payment of commuting costs through other VA and non-VA programs; or

(3) Can commute to school with family, friends, or fellow students.

(Authority: 38 U.S.C. 1804(c))

(e) Documentation. VA must receive supportive documentation with each request for reimbursement. The individualized written plan of vocational rehabilitation will specify whether VA will pay monthly or at a longer interval.

(Authority: 38 U.S.C. 1804(c))

(f) Nonduplication. A child eligible for reimbursement of transportation services both under this section and under § 21.154 will receive only the benefit under §21.154.

(Paperwork requirements were approved by the Office of Management and Budget under control number 2900-0580.)

(Authority: 38 U.S.C. 1804(c))

ADDITIONAL APPLICABLE REGULATIONS

§ 21.8380 Additional applicable regulations.

The following regulations are applicable to children in this program in a manner comparable to that provided for veterans under the 38 U.S.C. chapter 31 program: §§ 21.380, 21.412, 21.414 (except paragraphs (c), (d), and (e)), 21.420, and 21.430.

(Authority: 38 U.S.C. 1804, 5112)

DELEGATION OF AUTHORITY

§ 21.8410 Delegation of authority.

The Secretary delegates authority for making findings and decisions under 38 U.S.C. 1804 and the applicable

Subpart A-Introduction

$23.100 Purpose and effective date.

The purpose of these Title IX regulations is to effectuate Title IX of the Education Amendments of 1972, as amended (except sections 904 and 906 of those Amendments) (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688), which is designed to eliminate (with certain exceptions) discrimination on the basis of sex in any education program or activity receiving Federal financial assistance, whether or not such program or activity is offered or sponsored by an educational institution as defined in these Title IX regulations. The effective date of these Title IX regulations shall be September 29, 2000.

$23.105 Definitions.

As used in these Title IX regulations, the term:

Administratively separate unit means a school, department, or college of an educational institution (other than a local educational agency) admission to which is independent of admission to

any other component of such institution.

Admission means selection for parttime, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an education program or activity operated by a recipient.

Applicant means one who submits an application, request, or plan required to be approved by an official of the Federal agency that awards Federal financial assistance, or by a recipient, as a condition to becoming a recipient.

Designated agency official means Deputy Assistant Secretary for Resolution Management.

Educational institution means a local educational agency (LEA) as defined by 20 U.S.C. 8801(18), a preschool, a private elementary or secondary school, or an applicant or recipient that is an institution of graduate higher education, an institution of undergraduate higher education, an institution of professional education, or an institution of vocational education, as defined in this section.

Federal financial assistance means any of the following, when authorized or extended under a law administered by the Federal agency that awards such assistance:

(1) A grant or loan of Federal financial assistance, including funds made available for:

(1) The acquisition, construction, renovation, restoration, or repair of a building or facility or any portion thereof; and

(ii) Scholarships, loans, grants, wages, or other funds extended to any entity for payment to or on behalf of students admitted to that entity, or extended directly to such students for payment to that entity.

(2) A grant of Federal real or personal property or any interest therein, including surplus property, and the proceeds of the sale or transfer of such property, if the Federal share of the fair market value of the property is not, upon such sale or transfer, properly accounted for to the Federal Government.

(3) Provision of the services of Federal personnel.

(4) Sale or lease of Federal property or any interest therein at nominal con

sideration, or at consideration reduced for the purpose of assisting the recipient or in recognition of public interest to be served thereby, or permission to use Federal property or any interest therein without consideration.

(5) Any other contract, agreement, or arrangement that has as one of its purposes the provision of assistance to any education program or activity, except a contract of insurance or guaranty.

Institution of graduate higher education means an institution that:

(1) Offers academic study beyond the bachelor of arts or bachelor of science degree, whether or not leading to a certificate of any higher degree in the liberal arts and sciences;

(2) Awards any degree in a professional field beyond the first professional degree (regardless of whether the first professional degree in such field is awarded by an institution of undergraduate higher education or professional education); or

(3) Awards no degree and offers no further academic study, but operates ordinarily for the purpose of facilitating research by persons who have received the highest graduate degree in any field of study.

Institution of professional education means an institution (except any institution of undergraduate higher education) that offers a program of academic study that leads to a first professional degree in a field for which there is a national specialized accrediting agency recognized by the Secretary of Education.

Institution of undergraduate higher education means:

(1) An institution offering at least two but less than four years of collegelevel study beyond the high school level, leading to a diploma or an associate degree, or wholly or principally creditable toward a baccalaureate degree; or

(2) An institution offering academic study leading to a baccalaureate degree; or

(3) An agency or body that certifies credentials or offers degrees, but that may or may not offer academic study.

Institution of vocational education means a school or institution (except

Title IX means Title IX of the Education Amendments of 1972, Public Law 92-318, 86 Stat. 235, 373 (codified as amended at 20 U.S.C. 1681-1688) (except sections 904 and 906 thereof), as amended by section 3 of Public Law 93-568, 88 Stat. 1855, by section 412 of the Education Amendments of 1976, Public Law 94-482, 90 Stat. 2234, and by Section 3 of Public Law 100-259, 102 Stat. 28, 28-29 (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688).

Title IX regulations means the provisions set forth at §§ 23.100 through 23.605.

Transition plan means a plan subject to the approval of the Secretary of Education pursuant to section 901(a)(2) of the Education Amendments of 1972, 20 U.S.C. 1681(a)(2), under which an educational institution operates in making the transition from being an educational institution that admits only students of one sex to being one that admits students of both sexes without

discrimination.

[65 FR 52865, 52889, 52890, Aug. 30, 2000]

§ 23.110 Remedial and affirmative action and self-evaluation.

(a) Remedial action. If the designated agency official finds that a recipient has discriminated against persons on the basis of sex in an education program or activity, such recipient shall

38 CFR Ch. I (7-1-02 Edition

take such remedial action as the des requi ignated agency official deems nec essary to overcome the effects of suc discrimination.

(b) Affirmative action. In the absenc of a finding of discrimination on th basis of sex in an education program o activity, a recipient may take affirma tive action consistent with law to over come the effects of conditions that re sulted in limited participation therei by persons of a particular sex. Nothin in these Title IX regulations shall b interpreted to alter any affirmative ac tion obligations that a recipient ma have under Executive Order 11246, CFR, 1964-1965 Comp., p. 339; as amend ed by Executive Order 11375, 3 CFF 1966-1970 Comp., p. 684; as amended b Executive Order 11478, 3 CFR, 1966-197 Comp., p. 803; as amended by Executiv Order 12086, 3 CFR, 1978 Comp., p. 23 as amended by Executive Order 12107, CFR, 1978 Comp., p. 264.

(c) Self-evaluation. Each recipien education institution shall, within on year of September 29, 2000:

I

re

(1) Evaluate, in terms of the require ments of these Title IX regulations, it current policies and practices and th effects thereof concerning admission c students, treatment of students, anate employment of both academic and non academic personnel working in connec tion with the recipient's education pro gram or activity;

(2) Modify any of these policies an practices that do not or may not mee the requirements of these Title IX reg ulations; and

(3) Take appropriate remedial step to eliminate the effects of any dis crimination that resulted or may have resulted from adherence to these poli cies and practices.

(d) Availability of self-evaluation anc related materials. Recipients shall maintain on file for at least three years following completion of the evaluation required under paragraph (c) of this section, and shall provide to the designated agency official upon request, a description of any modifications made pursuant to paragraph (c)(2) of this section and of any remedial steps taken pursuant to paragraph (c)(3) of this section.