Mo. Code Regs. tit. 5 § 20-500.350
Current through Register Vol. 49, No.12, June 17, 2024
Section 5 CSR 20-500.350 - Standards for the Approval and Continued Approval of On-the-Job Training for the Training of VeteransPURPOSE: This amendment updates and adds language in accordance with U.S. Code and state statute and incorporates by reference applicable federal regulations.
PURPOSE: The State Board of Education has the authority to establish a state approving agency and standards for approval and continued approval of on-the-job training for the training of veterans or eligible persons (Reference: 38, United States Code 3677 and section 161.172, RSMo). These standards will serve as a guide for those business establishments desiring to provide training for veterans and for the Office of Adult Learning and Rehabilitation Services as the state approving agency in the approval of the courses.
PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) Approval will not be granted for training in occupations that 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, 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.(2) An application will be approved when the training establishment and its positions are found, upon investigation, to have met these standards: (A) 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 training on the job and not on such factors as length of service and normal turnover. Approval will not be granted for supervisory or managerial positions where the normal method of obtaining the position is by selection based on such factors as experience, demonstrated ability, education and longevity;(B) The training content of the position is adequate to qualify the veteran for appointment to the job for which he or she is to be trained;(C) The job customarily requires a period of training of not less than six (6) months and not more than two (2) years of full-time training;(D) The length of the training period is no longer than that customarily required by the training establishments in the community to provide the veteran with the required skills, job knowledge, and technical information that the veteran needs to become competent on the job for which he or she is being trained. Appropriate credit must be given to veterans who have had prior experience or training, with the training period shortened proportionately and the individual's wage schedule adjusted accordingly;(E) Provision is made for related instruction for the individual veteran who may need it;(F) There is in the training establishment adequate space, equipment, instructional material and instructor personnel to provide satisfactory training on the job;(G) Adequate records are kept to show the progress made by each veteran toward his or her job objective;(H) The veteran is not already qualified by training and experience for the job;(I) The wages to be paid to the veteran upon entrance into training are not less than wages paid to nonveterans in the same training position and are at least fifty percent (50%) of the wages paid for the job for which he or she is to be trained and the same rate as any individual starting the position with the same experience. Wages 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 eighty-five percent (85%) of the wages paid for the job for which the veteran is being trained.1. Wages based solely on piece work, job rates, or commissions are not acceptable.2. Beginning wages and increases shown in the approved wage schedule are considered minimum wages that must be paid to trainees making satisfactory progress; otherwise, the veteran's benefits must be interrupted or terminated.3. Trainees may be paid at rates that are higher than the rates shown in the approved wage schedule except that a veteran's training benefits must be terminated when he or she is paid at or above the rate that is the approved "wage at completion of program";(J) There is a reasonable certainty that the job for which the veteran is to be trained will be available to him or her at the end of the training period; and(K) A signed copy of the training agreement for each veteran, including the training program and wage schedule as approved by the state approving agency, is provided to the veteran and the VA and the state approving agency by the employer.(3)38 U.S.C. section 3677 is hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, in January 2023. Copies of this regulation can also be obtained from the Department of Elementary and Secondary Education, Office of Adult Learning and Rehabilitation Services, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/governmental-affairs/dese-administrative-rules/incorporated-reference-materials. This rule does not incorporate any subsequent amendments or additions. AUTHORITY: section 161.172, RSMo 1986.* This rule previously filed as 5 CSR 60-900.030. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Moved to 5 CSR 20-500.350, effective Aug. 16, 2011. Amended by Missouri Register July 3, 2023/Volume 48, Number 13, effective 8/31/2023*Original authority: 161.172, RSMo 1963.