Section 17-401.1-19 - Vocational and other training services(a) Vocational and other training services includes personal and vocational adjustment training, books, tools, and other training materials, except that no training or training services in an institution of higher education (universities, colleges, community or junior colleges, vocational schools, technical institutes, or hospital schools of nursing) may be paid for unless maximum efforts have been made by the division and the individual to secure grant assistance in whole or in part from other sources to pay for that training. (1) Vocational training includes any organized form of instruction which provides the knowledge and skills that are essential in performing the tasks involved in an occupation. (A) College or university training may be provided to eligible individuals who have demonstrated through their high school records and college entrance examinations their ability to pursue such training. (i) Only accredited colleges and universities shall be used.(ii) State-supported schools of higher learning are preferred. However, private colleges may be used provided that the tuition paid by the division does not exceed the fees charged to residents by a State-supported college or university or when comparable training is not available in a public institution.(iii) Maximum efforts shall be made by the division to secure grant assistance, in whole or part, from other sources to pay for training services in institutions of higher education, before using VR funds. Maximum effort means that each eligible individual to be provided such training shall be required to apply for and accept grant assistance from the prospective institution. If the individual refuses to apply for or accept such services for which the individual might be eligible, the division shall not use VR funds to pay for such services.(B) Community colleges and vocational training at accredited community colleges may be provided. Maximum efforts to secure grant assistance as described in subparagraph (A)(iii) shall be made by the division before VR funds are used to pay for these services.(C) Private business and technical trade schools may be used under the following conditions: (i) Public institutions shall be used except when comparable training is not available in such public institutions;(ii) Only private business and technical trade schools, which meet State certification or licensing requirements shall be used;(iii) Satisfactory performance according to established school standards shall be required of all trainees; and(iv) Periodic evaluation of progress and counseling as needed shall be provided to assure maximum success of individuals in training.(D) Tutorial training consisting of individual instructions given on a one-to-one basis, of specific subjects or areas which are related to a vocational course or to an employment outcome, may be provided. (i) It may include private lessons as part of a personal adjustment plan, such as lip-reading or speech training;(ii) Tutors shall be selected who are qualified by license, certification, or evidence of professional or technical skill to teach the specific subject for which the tutor is hired; and(iii) Payment to a tutor shall be commensurate with prevailing wages for similar instruction in the community.(E) On-the-job training (OJT) by private businesses, potential employers, and other profit making organizations shall be based on the ability of such entities to provide instructional services by an individual with trade competency and experience in training other workers in the operations to be performed. The following factors shall be defined, as appropriate, prior to implementing an OJT: (ii) Training subject, topics, skills, and knowledge of objectives;(iii) Length of training and fees if any;(iv) Pay for the trainee;(v) Necessary tools, manuals, supplies;(vi) Progress reports; and(vii) Employment requirements such as level of proficiency or skill.(2) Community rehabilitation programs which are certified by the commission for accreditation of rehabilitation facilities shall be given preference for providing evaluation, training, and other services for applicants and eligible individuals of the division.(3) Personal adjustment training includes training given for any one or a combination of the following reasons: (A) To assist the individual to acquire personal habits, attitudes, and skills that will enable the individual to function effectively in employment, in spite of the individual's disability;(B) To develop or increase work tolerance before engaging in prevocational or vocational training or in employment;(C) To develop work habits and to orient the individual to the work world; and(D) To provide skills or techniques for the specific purpose of enabling the individual to compensate for the loss of a member of the body or the loss of a sensory function.(4) Prevocational training includes any form of academic or basic training given to acquire background knowledge of skills, prerequisite or preparatory to vocational training, or to employment, where the primary occupational knowledge and skills are learned on the job.(5) Training materials include books, supplies, and tools.(A) Training materials shall be limited to the kind and amount needed to enable the individual to participate in a training program consistent with the individual's chosen employment outcome.(B) Training materials provided to eligible individuals shall be of a quality equal to that normally used by other students in the same course and as specified by the trainer for all trainees.(C) Exceptions may be made when special materials or equipment are needed as a reasonable accommodation to compensate for a disabling condition, such as braille, typewriters, or tape recorders for blind persons.(b) Vocational and other training services shall be provided when necessary to equip an eligible individual with the skills needed to assist the individual in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.(c) Vocational and other training services shall be provided in accordance with subsection (a) and the following requirements:(1) The individual must be eligible for VR services.(2) The services must be provided as part of a planned program of vocational rehabilitation in accordance with the individual's IPE.(3) Training shall be limited to the type and time needed to equip the individual with skills necessary to enable the individual to achieve the employment outcome selected by the individual.(4) Selection of training, training facilities, and personnel shall be in accordance with the following: (A) Training shall be consistent with the employment outcome chosen by the individual and the assessment for determining VR needs of the individual.(B) Training facilities shall meet applicable accreditation, licensing or certification requirements in accordance with subsection (c).(C) Individuals providing specialized training such as tutorial, on-the-job, personal adjustment, or other services shall be selected and used when investigation reveals that they are the best-qualified persons available for the specific training or service needed and have adequate instructional equipment.(D) The individual or, as appropriate, the individual's representative shall be given opportunity to make informed choices in the selection of training services, training facilities and personnel in accordance with this section and section 17-401.1-12.(5) Rates of payment shall be in accordance with section 17-400.1-10 (standards of services), section 17-400.1-11 (administration of funds), section 17-401.1-13 (use of comparable services and benefits), section 17-401.1-14 (use of personal resources), and the following requirements: (A) The division shall pay a training facility or person for services purchased for eligible individuals, at a rate not to exceed that published by the facility for the type of training purchased.(B) For facilities or persons without published rates, payment shall be comparable with the amounts charged by other public agencies for similar services.(6) Training available within the State shall take precedence over other comparable training out-of-State. Out-of-State training may be considered only if all of the following conditions are met: (A) The individual has sufficient good health, capabilities, emotional stability and reliability to pursue training with minimal supervision and assistance;(B) Suitable facilities and courses are not available within the State;(C) Alternate courses are not sufficient to provide equivalent training;(D) Alternate goals have been fully explored;(E) Training is needed to attain the individual's chosen employment outcome;(F) Out-of-State training institution or facility meets all standards applicable to State facilities;(G) The cost of such training does not exceed that which is available in the State; and(H) The individual and the individual's family are able and willing to pay for extra costs which shall not be paid by the division if similar training is available in the State. "Extra costs" may be the result of the following factors: (i) Non-resident tuition and fees charged by the out-of-State training institution;(ii) Services not necessary for local training is necessary due to out-of-state situation; and(iii) Out-of-State costs for comparable services are greater than local costs.(7) Eligible individuals, considered "nonresidents" by the State universities and other training institutions, who are eligible for VR services, shall be eligible for tuition and other costs up to the amounts allowed for "resident" students.(8) Related costs for training such as transportation and clothing shall be allowed only up to amounts equal to amounts necessary locally and in keeping with the division's policies on transportation, maintenance, and other services. Should an individual who is considered a "nonresident" by local institutions choose to return to the individual's home state or any other state, no provision for transportation or training shall be allowed by the division.(9) All responsibilities, agreed upon by the individual with the division relative to training, shall be documented in the individual's IPE.(10) Satisfactory performance according to established school or training facility standards shall be required of all individuals in school or training. Periodic evaluation of progress and counseling shall be provided at appropriate intervals to determine the feasibility of continuance and need for changes. The following requirements shall be generally applied to all individuals enrolled in institutions of higher education: (A) The individual shall carry a minimum of twelve credit hours per semester in required and elective courses relating to the individual's employment outcome. An exception may be made when the individual's disability permits only part-time training provided that the individual's employment outcome and rehabilitation is considered attainable after training is completed.(B) A cumulative grade point average of at least 2.0 shall be maintained.(C) An individual falling below the grade point average of 2.0 may be carried one additional semester on probation to attempt to raise the grade point to at least 2.0.(D) An individual on probation shall consider alternatives such as the following during a probationary period: (i) Change in the employment outcome to a more suitable field within the individual's capacities;(ii) A change in status to part-time under the conditions in paragraph (1), if applicable; or(iii) Termination of the training plan.(11) Vocational and other training services are subject to the use of comparable services and benefits provisions of section 17-401.1-13 and the use of personal resources (financial needs test) provisions of section 17-401.1-14.Haw. Code R. § 17-401.1-19
[Eff AUG 13 2007] (Auth: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R. §361.50 ) (Imp: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R. §361.50 )