§ 21.8070. Basic duration of a vocational training program.
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/us/cfr/t38/s§ 21.8070·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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. (Authority: 38 U.S.C. 1804(d), 1814)
(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. (Authority: 38 U.S.C. 1804(c), 1814)
(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. (Authority: 38 U.S.C. 1804(c), 1814)
(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. (Authority: 38 U.S.C. 1804(c), 1814)
(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). (Authority: 38 U.S.C. 1804(d), 1814)
(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. (Authority: 38 U.S.C. 1804(d)(2), 1814)
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§ 21.8070
Basic duration of a vocational training program.
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