92 Neb. Admin. Code, ch. 72, § 010

Current through September 17, 2024
Section 92-72-010 - Vocational Training
010.01 Purpose

Vocational training services enable individuals with disabilities to acquire the qualifications required for employment in their agreed-on employment goals. Vocational training is an appropriate service when it will enable the recipient to acquire necessary qualifications to enter employment in the trade, occupation, or profession that is the employment goal, and when it (alone or in combination with other vocational rehabilitation services) will resolve the recipient's impediments to employment. Employment qualifications include those academic requirements necessary to meet state or local registration, certification, or licensing requirements to practice the trade, occupation, or profession. Qualifications for employment or hire in the specific employment outcome in the recipient's approved Individualized Plan for Employment determine the type and level of vocational training required.

010.02 Vocational Training Defined

As used in this section, vocational training includes:

010.02A. Post-secondary training occurring in institutions of higher education for which Federal student financial aid is available, including universities, colleges, community colleges, vocational schools, technical institutes, or hospital schools of nursing and allied health professions. Post-secondary training results in the award of an associate, bachelor's, master's, or doctoral degree.
010.02B. Miscellaneous training includes basic academic or literacy training, or other work and/or disability related skill building training including skill building through post secondary courses or programs for which federal student financial aid is not available.
010.03 Scope

The scope of vocational training services includes, as appropriate to the recipient and the specific employment outcome in the recipient's approved Individualized Plan for Employment, the provision of training services and related supports to prepare for and take licensing or certification examinations required for the practice of the trade, occupation, or profession and remedy deficiencies in prerequisite course requirements necessary for acceptance into post-secondary training programs.

010.04 Expectation of Completion

The need for vocational training services must be established, based on an analysis of hiring qualification requirements for the employment goal in the local labor market or a labor market to which the recipient is willing to relocate, and the recipient's current level of vocational qualifications and functioning. In addition, there must be a reasonable expectation of successfully completing training, based on an analysis of indicators of training success such as past academic achievement or test results relating to:

010.04A. Academic skill or potential;
010.04A1. Academic skill or potential may be assessed by considering past academic performance and the results of college entrance and/or placement examinations;
010.04B. Intelligence; and,
010.04C. Vocational aptitudes as measured by psychometric tests or vocational assessments.
010.05 Admission Requirements

Recipients must meet academic and other established requirements for admission into a post-secondary training program.

010.06 Graduate Training Requirements

Before post-secondary training beyond the bachelor's level may be provided, recipients must apply for admission to both the school and the graduate program. Recipients who have been denied admission to the school and/or the graduate program will not be eligible for program financial assistance.

010.07 Comparable Services

There must be a full search for and use of comparable services and benefits. If training will be provided in an institution of higher education, there must be maximum efforts by the program and the recipient to secure grant assistance in whole or in part from other sources including filing a Free Application for Federal Student Aid (FAFSA) with the United States Department of Education.

010.07A. Co-Funding of Miscellaneous Training - Skill Building With Other Public Programs. When co-funding with the federal Department of Veteran's Affairs under Title 38, United States Code, Chapter 31, (Training & Rehabilitation for Veterans with Service-Connected Disabilities); Dislocated Worker and Youth Services Programs; State or Federal Workers Compensation Programs or other similar public programs, the coordinated and combined funding between the co-funding programs cannot exceed the actual cost of tuition, fees, and required books and supplies.
010.08 Timelines

To receive consideration for program financial assistance, recipients must have clearly indicated their choice of attending post secondary training or miscellaneous training-skill building in a time frame that allows program staff reasonable time to obtain financial aid information, cost of attendance information, and approve the Individualized Plan for Employment prior to the first day of school.

010.08A. Initial Term. To receive consideration for program financial assistance for the initial term of training, recipients must have their Individualized Plans for Employment containing post-secondary or miscellaneous training-skill building services approved at least sixty (60) calendar days before the date on which the recipient will begin training. In addition, the recipient must provide the agency with their registration course titles and the total credit hours for the term at least five (5) business days before the start of the first term. For post secondary training as defined in Section 010.02A, recipients must complete the financial aid application and award process in sufficient time to allow the school to provide Vocational Rehabilitation (VR) with the financial aid award information no later than five (5) business days before the start of the term.
010.08B. Subsequent Terms. To receive program financial assistance for subsequent terms of training, recipients must, at least five (5) business days before the start of any term, provide the agency with registration course titles and total credit hours for the term, and any grade report or transcript issued by the institution when requested by VR. For any subsequent term that is the first term in the financial aid year for recipients in post secondary training as defined in Section 010.02A of this Chapter, the recipients must complete the financial aid application and award process in sufficient time to allow the school to provide VR with the financial aid award information no later than five (5) business days before the start of the term.
010.08C. Lack of compliance. If recipients do not comply with timelines in Sections 010.08, 010.08A and 010.08B of this Chapter, except for reasons beyond their control, no assistance is provided for that term.
010.09 Increased Living Costs, Childcare, Occupational Tools and Transportation

If required to enable the recipient to participate in post-secondary training, financial assistance with the cost of training-related increased living costs, childcare expenses, occupational tools and transportation (in addition to the financial assistance for tuition, fee, textbooks, and supplies) may be provided if unmet need will not be exceeded.

010.10 The actual cost of tuition, fees, textbooks, and supplies may be provided if the recipient is attending Gallaudet or the National Technical Institute for the Deaf, the Southwest Institute of the Deaf or any other educational institution determined by the Director to provide a comparable level of educational support as the post-secondary institutions specifically mentioned herein.
010.11 Reasonable Progress

Recipients in vocational training programs must maintain reasonable progress, according to progress criteria stated in their Individualized Plans for Employment.

010.11A. In post-secondary training programs the following minimum progress criteria must be included in the progress criteria set out in the recipient's Individualized Plan for Employment:
010.11A1. Complete at least:
010.11A1a. 24 semester hours of credit during the academic year in a university or college that operates on a two semester and summer school system; or,
010.11A1b. 36 hours of credit during the academic year in a university or college that operates on a three semester system; or,
010.11A1c. 48 quarter hours of credit during the academic year in a technical school or community college that operates on a 4 quarter system; and,
010.11A1d. Maintain an overall minimum grade point average of "C" or equivalent, or better, unless a higher GPA is required by the program of study.
010.11B. In miscellaneous training skill building, the following minimum progress criteria must be included in the progress criteria set out in the recipient's Individualized Plan for Employment.
010.11B1. Complete the courses registered for and maintain an overall minimum grade point average of "C" or equivalent, or better, unless a higher course grade or GPA is required by the program of study.
010.11C. A recipient may take a reduced course load due to impairment or need to maintain employment or a comparable benefit. The agreed upon reduced number of hours to be completed each term shall be documented in the case service record.
010.11D. If the recipient fails to maintain reasonable progress in a vocational training program, appropriate corrective actions should be taken, in cooperation with the training provider, to remedy the problem. Financial assistance with the cost of training may be continued for three months (or one academic term or semester for post-secondary training) to determine whether the recipient is able to make reasonable progress with the corrective actions. If reasonable progress is not achieved at the end of that period, financial assistance will be discontinued and the Individualized Plan for Employment should be reviewed and revised to determine a more suitable vocational goal.
010.12 Congressional Intent

Congress intended that program recipients avail themselves of the numerous grant and student assistance programs which are available to pay for higher education before program funds are used to pay these costs. A decision to use program funds must be consistent with the intent that program resources be used as a last resort to pay for training in institutions of higher education.

010.13 Financial Aid Information

Before the amount of vocational rehabilitation financial assistance can be determined and authorized, the program must receive from the financial aid office of the school the recipient will be attending the information in subsections 010.13A - D below. If attending a school and program eligible to offer federal financial aid, the client must file a FAFSA with the United States Department of Education.

010.13A. The budget used to determine the cost of attendance;
010.13B. The amount of the expected family contribution;
010.13C. The amount of gift aid to be awarded which is any educational benefit paid because of enrollment in a postsecondary education institution or to cover postsecondary education expenses. Gift aid includes federal and state grants, federal loans, scholarships, tuition waivers, fellowships, assistantships, and any other award or scholarship not based on merit; and,
010.13D. The amount of unmet need remaining as calculated by the financial aid office.
010.14 Unmet Need Limitation

There are no circumstances under which the program can provide financial assistance exceeding the amount of unmet need determined by the school's financial aid office.

010.15 Post-Secondary Training Financial Assistance Rates

Program financial assistance for training costs which include tuition, fees, textbooks and required consumable supplies shall be available at the amounts in Appendix B.

010.16 Maximum Credit Hours of Assistance for Post-secondary Training

The maximum credit hours of assistance for which the program will provide financial assistance is the number of credit hours required by the educational institution for the agreed upon program of study. The following credit hours, regardless of the funding source, shall count toward the maximum credit hours for their program of study.

010.16A. Transfer credit hours accepted by the institution and program of study.
010.16B. Alternative course credit hours accepted by the institution and program of study.
010.16C. Course credits earned by the recipient while under an Individualized Plan for Employment.
010.16D. Course credit hours authorized for, but not earned because the:
010.16D1. Course was not completed with a grade of C or equivalent, or a grade required by the program of study;
010.16D2. Course was withdrawn from after the 100% refund period; or
001.16D3. Course or courses completed do not meet the degree requirements of the institution and program of study.
010.17 Remedial or Developmental Classes

Limited program financial assistance is available for remedial or developmental classes. Remedial or developmental classes shall mean those classes designed to increase the ability of a recipient to pursue a course of study leading to a certificate or degree. Program financial assistance will only be provided for a maximum of six (6) semester hours or nine (9) quarter hours for remedial or developmental class hours. Costs for all remedial or developmental class hours in excess of six (6) semester hours or nine (9) quarter hours will be the recipient's responsibility.

010.18 Exceptions

Office Directors have the authority and discretion to make reasonable exceptions to the program financial assistance provisions in this section that do not exceed unmet need based on individual circumstances. Exceptions may be granted if the Office Director determines there is no alternative to addressing a recipient's need for vocational training necessary to achieve the employment outcome on the recipient's approved Individualized Plan for Employment.

92 Neb. Admin. Code, ch. 72, § 010