[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Rules and Regulations]
[Pages 51286-51296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25662]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AI72


Provision of Vocational Training and Rehabilitation to Vietnam 
Veterans' Children With Spina Bifida

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document establishes Department of Veterans Affairs (VA) 
regulations for providing vocational training and rehabilitation to 
Vietnam veterans' children with spina bifida. This is necessary for 
providing vocational training and rehabilitation to these children 
under recently enacted legislation that authorizes this benefit.

EFFECTIVE DATE: October 1, 1997.

FOR FURTHER INFORMATION CONTACT: Charles A. Graffam, Veterans Claims 
Examiner, Vocational Rehabilitation and Counseling Service (28), 
Department of Veterans Affairs, 810 Vermont Ave., NW, Washington, DC 
20420; (202) 273-7410.

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on July 1, 1997 (62 FR 35454), we proposed to amend the 
Vocational Rehabilitation and Education regulations (38 U.S.C. part 21) 
to add a new subpart M regarding the provision of vocational training, 
services, and assistance to Vietnam veterans' children with spina 
bifida. Spina bifida is a congenital birth defect, characterized by 
defective closure of the bones surrounding the spinal cord. The spinal 
cord and its covering (the meninges) may protrude through the defect.
    The provisions of 38 U.S.C. chapter 18 (Public Law 104-204, 
sections 421 and 422, September 26, 1996) provide for three separate 
types of benefits for Vietnam veterans' children who suffer from spina 
bifida: (1) Monthly monetary allowances, (2) provision of health care 
needed for the spina bifida or any disability that is associated with 
such condition, and (3) provision of vocational training and 
rehabilitation.
    This document establishes a final rule to set forth a mechanism 
regarding provision of vocational training and rehabilitation to 
Vietnam veterans' children with spina bifida.
    We requested that comments on the proposed rule be submitted on or 
before September 2, 1997. We received five comments. VA appreciates the 
comments submitted in response to the proposed rule. Based on the 
rationale set forth in the proposed rule and this document, the 
provisions of the proposed rule are adopted with the changes discussed 
below.
    Comments regarding issues concerning monthly monetary allowances 
for Vietnam veterans' children who suffer from spina bifida and 
provision of health care for such children are addressed in separate 
final rules that specifically concern these issues.
    Commenters recommended that we reimburse children for vocational 
training received prior to October 1, 1997; pay for the purchase and 
ongoing expenses of owning and operating a vehicle; provide automobile 
adaptive equipment; provide for specially adapted housing; pay a 
subsistence allowance to individuals receiving vocational training; 
allow concurrent receipt of benefits under 38 U.S.C. chapter 35 and the 
vocational training program; provide comprehensive medical and dental 
care for conditions unrelated to spina bifida; provide a work-study 
program; and provide vocational training for children of certain 
individuals who do not meet the statutory definition of the term 
``veteran.'' No changes are made based on these comments since VA has 
no legal authority to do so.
    Commenters asserted that benefits should be provided to 
grandchildren and other direct descendants of Vietnam veterans. No 
changes are made based on these comments. Under the provisions of 38 
U.S.C. 1801, benefits are limited to natural children of a Vietnam 
veteran. In our view, this includes only the immediate offspring of a 
Vietnam veteran and does not include grandchildren or other 
descendants.
    One commenter asserted that all Vietnam veterans' children 
suffering from spina bifida should receive vocational training and that 
there should be a gradation of vocational training benefits based on 
disability so that the most in need would receive the maximum benefit. 
No changes are made based on this comment. The vocational training 
regulations are designed to provide for training based on the

[[Page 51287]]

individual capabilities of those who suffer from spina bifida. Thus, 
each child will receive only those services needed and the level of 
services will accord with the needs of the individual child. Even so, 
not all Vietnam veterans' children who suffer from spina bifida will be 
eligible for vocational training. The statutory authority limits 
vocational training to children for whom VA has found that achievement 
of a vocational goal is reasonably feasible.
    The provisions of proposed Sec. 21.8050 stated that VA may provide 
to vocational training program participants vocationally oriented 
independent living services, but only to the extent that the services 
are indispensable to the achievement of the vocational goal and do not 
constitute a significant portion of the services to be provided. 
Commenters asserted that VA should provide a full range of independent 
living services for children seeking vocational training. In this 
regard, one commenter asserted that the terms ``indispensable'' and 
``significant portion'' are not sufficiently precise and would not 
allow for adequate independent living services. More specifically the 
commenter asserted that the regulation should allow independent living 
services as long as they do not constitute a majority of the vocational 
rehabilitation services provided.
    No changes are made based on these comments. We believe that the 
current language should be retained. Under the provisions of 38 U.S.C. 
1804(c)(1)(A), a child's program is to consist of vocationally oriented 
services and training. Thus, the focus of a child's program must be on 
vocational training. Taking extensive time for independent living 
services would hamper the ability to achieve a vocational goal. 
Further, it is unlikely that a child who requires a significant amount 
of independent living services would meet the criteria for entrance 
into a vocational training program; i.e., it must be reasonably 
feasible for the child to achieve a vocational goal.
    Two commenters questioned whether the vocational training could 
include professional training. Under the provisions of 38 U.S.C. 1804, 
the training may include a program of education at an institution of 
higher education if the program of education is predominantly 
vocational in content and the vocational goal can be achieved within 24 
months.
    Commenters asserted that the final rule should allow for further 
training after the initial training. Proposed Sec. 21.8072(b) already 
provided for additional training. It provided that a child who has 
previously achieved a vocational goal in a vocational training program 
may not receive additional training unless a counseling psychologist or 
a vocational rehabilitation counselor sets aside the child's 
achievement of that vocational goal based on a finding under 
Sec. 21.8284(a) that ``the child's disability has worsened to the 
extent that he or she can no longer perform the duties of the 
occupation which was the child's vocational goal'' or under 
Sec. 21.8284(b) that ``[t]he occupation that was the child's vocational 
goal * * * is now unsuitable.''
    A commenter asserted that additional training should be allowed for 
the other reasons stated in Sec. 21.8284(c) through (e); i.e.:
    ``(c) The vocational training program services and assistance the 
child originally received are now inadequate to make the child 
employable in the occupation which he or she sought to achieve;
    ``(d) Experience has demonstrated that VA should not reasonably 
have expected employment in the objective or field for which the child 
received vocational training program services and assistance; or
    ``(e) Technological change that occurred after the child achieved a 
vocational goal under this subpart now prevents the child from:
    ``(1) Performing the duties of the occupation for which VA provided 
training, services, or assistance, or in a related occupation; or
    ``(2) Securing employment in the occupation for which VA provided 
training, services, or assistance, or in a related occupation.''
    We agree that the provisions of paragraphs (c) through (e) in 
Sec. 21.8284 set forth appropriate bases for allowing additional 
vocational training. The final rule in Sec. 21.8072 is changed 
accordingly.
    Proposed Sec. 21.8370 provided for VA to reimburse certain children 
for the actual cost of transportation necessary for the child to pursue 
a vocational training program (and for a limited period thereafter), 
not to exceed $70 per month. Three commenters asserted that the maximum 
amount should be increased. Two of them suggested an amount, $200 per 
month. We agree that that the maximum amount should be increased to 
$200 per month and a corresponding change is made to the final rule. 
This amount would more closely compare to maximum amounts paid veterans 
for costs of transportation under the vocational rehabilitation program 
authorized under 38 U.S.C. chapter 31.
    The provisions of Sec. 21.8080 state that a counseling psychologist 
or vocational rehabilitation counselor will work in consultation with 
each eligible child to develop an individualized written plan of 
services and assistance to meet the child's vocational training needs. 
One commenter asserted that this would limit the child's freedom of 
choice for training opportunities. No changes are made based on this 
comment. Under the provisions of the regulations, the child will be an 
active participant in the decisionmaking. However, the determination of 
the counseling psychologist or vocational rehabilitation counselor is 
essential to ensure that the vocational training is reasonable and 
appropriate for the child's condition.
    One comment asserted that the final rule should require VA to 
utilize vocational rehabilitation specialists, vocational 
rehabilitation counselors, and counseling psychologists who have 
substantial experience in serving persons with developmental 
disabilities. The comment further asserted that the final rule should 
state that VA will contract for such services if they are unavailable 
within VA. No changes are made based on this comment. VA is committed 
to providing competent and comprehensive services. The regulations 
provide for certain determinations to be made by counseling 
psychologists, vocation rehabilitation counselors, or vocational 
rehabilitation specialists. When VA determines that it is necessary to 
contract for services of individuals to gain additional expertise in 
developmental disabilities, VA intends to exercise its authority to do 
so. However, there is no need to address these internal issues in the 
regulations.
    One commenter stated that insofar as authorized by the child, the 
evaluation for vocational training should include all pertinent records 
that have been developed outside VA; e.g., school transcripts, 
counseling records, personal assessments. No changes are made based on 
this comment. VA uses all available resources in evaluating claimants, 
including non-VA records authorized by affected individuals.
    Commenters asserted that the vocational training regulations should 
specifically set forth the appeal rights for adverse decisions. 
Commenters further asserted that the appeal rights should be the same 
as for other VA claimants. No changes are made based on these comments. 
The provisions of Sec. 21.8380 make applicable the informal appeal 
rights of Sec. 21.420. Also, Secs. 21.420(d) and 21.59 inform claimants 
of additional appeal rights to the Board of Veterans' Appeals. These 
appeal

[[Page 51288]]

rights are comparable to appeal rights in other VA programs.
    One commenter objected to the establishment of regulations that 
separately address: (1) Monthly monetary allowances, (2) provision of 
health care needed for the spina bifida or any disability that is 
associated with such condition, and (3) provision of vocational 
training and rehabilitation. The commenter asserted that this approach 
ignored ``internal coordination.'' No changes are made based on this 
comment. The regulations are consistent with the provisions of 38 
U.S.C. chapter 18 which specify three separate types of benefits for 
Vietnam veterans' children who suffer from spina bifida.
    For the sake of clarity, we have made some nonsubstantive editorial 
changes to the proposed language.

Administrative Procedure Act

    There is good cause for making this final rule effective without 
regard to a 30-day delay. This final rule does not adversely affect 
anyone and the affected children need the benefits from the rule as 
soon as possible.

Paperwork Reduction Act

    Information collection and recordkeeping requirements associated 
with this final rule (38 CFR 21.8014, 21.8016, and 21.8370) have been 
approved by the Office of Management and Budget (OMB) under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501-3520) and 
have been assigned OMB control numbers 2900-0579, 2900-0581, and 2900-
0580; respectively.
    Section 21.8014 will prescribe the information to be submitted for 
an application for a Vietnam veteran's child suffering from spina 
bifida to participate in a VA vocational training program. It will 
establish a requirement that a child with spina bifida submit an 
application for vocational training to be considered for this benefit. 
VA needs to know sufficient identifying information about the applicant 
and the applicant's natural parent who was a Vietnam veteran to be able 
to relate the claim to other existing VA records. The information 
collected allows the Vocational Rehabilitation and Counseling (VR&C) 
Division to review the existing records and to set up an appointment 
for an applicant to meet with a VR&C staff member to evaluate the 
claim.
    Section 21.8016 will require a written election, and permit a 
written reelection, of which benefit a child with spina bifida wants to 
receive if the child is eligible for training under both 38 U.S.C. 
chapter 35 and Vocational Training Benefits for Vietnam Veterans' 
Children for Spina Bifida. 38 U.S.C. 1804(e)(1) specifically bars the 
concurrent receipt of benefits under these two programs. VA will use 
the collected information to provide the benefit the child wants to 
receive.
    Section 21.8370 will permit a child receiving vocational training 
to request VA reimbursement for certain transportation costs and will 
require submission of supporting documentation to receive 
reimbursement. VA must determine that the child would be unable to 
pursue training or employment without this assistance. A child must 
specifically request VA assistance with transportation expenses. This 
allows VA to investigate the child's situation to establish that the 
child would be unable to pursue training or employment without VA 
travel assistance. To receive payment, the child must provide 
supportive documentation of actual expenses incurred for the travel. 
This prevents VA from making payment erroneously or for fraudulently 
claimed travel.
    OMB assigns a control number for each collection of information it 
approves. VA may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The valid OMB control number 
assigned to each collection of information in this final rule is 
displayed at the end of the affected sections of the regulations.
    Interested persons were invited to submit comments on the 
collections of information. However, no comments were received.

Executive Order 12866

    This final rule has been reviewed by OMB under Executive Order 
12866.

Regulatory Flexibility Act

    The Secretary of Veterans Affairs hereby certifies that this final 
rule will not have a significant economic impact on a substantial 
number of small entities as they are defined in the Regulatory 
Flexibility Act, 5 U.S.C. 601-612. It is estimated that there are only 
between 600-2,000 Vietnam veterans' children who suffer from spina 
bifida. They are widely dispersed geographically, and the services 
provided to them will not have a significant impact on any small 
businesses. Moreover, the institutions capable of providing appropriate 
services and vocational training to children with spina bifida 
generally are large capitalization facilities. Therefore, pursuant to 5 
U.S.C. 605(b), this final rule is exempt from the initial and final 
regulatory flexibility analyses requirements of sections 603 and 604.
    There is no Catalog of Federal Domestic Assistance program number 
for this benefit.

List of Subjects in 38 CFR Part 21

    Administrative practice and procedure, Armed forces, Civil rights, 
Claims, Colleges and universities, Conflicts of interest, Defense 
Department, Education, Employment, Government contracts, Grant 
programs-education, Grant programs-veterans, Health care, Loan 
programs-education, Loan programs-veterans, Manpower training programs, 
Personnel training programs, Reporting and recordkeeping requirements, 
Schools, Travel and transportation expenses, Veterans, Vocational 
education, Vocational rehabilitation.

    Approved: September 16, 1997.
Hershel W. Gober,
Acting Secretary of Veterans Affairs.

    For the reasons set forth in the preamble, 38 CFR part 21 is 
amended as set forth below:

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

    In part 21, subpart M is added to read as follows:
Subpart M--Vocational Training and Rehabilitation for Vietnam Veterans' 
Children With Spina Bifida
Sec.

General

21.8010  Vocational training program for certain Vietnam veterans' 
children with spina bifida.
21.8012  Definitions and abbreviations.
21.8014  Application.
21.8016  Nonduplication of benefits.

Basic Entitlement Requirements

21.8020  Entitlement to vocational training and employment 
assistance.
21.8022  Entry and reentry.

Evaluation

21.8030  Requirement for evaluation of child.
21.8032  Evaluations.

Services and Assistance to Program Participants

21.8050  Scope of training, services, and assistance.

Duration of Training

21.8070  Basic duration of a vocational training program.
21.8072  Authorizing training, services, and assistance beyond the 
initial individualized written plan of vocational rehabilitation.

[[Page 51289]]

21.8074  Computing the period for vocational training program 
participation.

Individualized Written Plan of Vocational Rehabilitation

21.8080  Requirement for an individualized written plan of 
vocational rehabilitation.
21.8082  Inability of child to complete individualized written plan 
of vocational rehabilitation or achieve vocational goal.

Counseling

21.8100  Counseling.

Vocational Training, Services, and Assistance

21.8120  Vocational training, services, and assistance.

Evaluation and Improvement of Vocational Potential

21.8140  Evaluation and improvement of vocational potential.

Supplies

21.8210  Supplies.

Program Costs

21.8260  Training, services, and assistance costs.

Vocational Training Program Entrance, Termination, and Resources

21.8280  Effective date of induction into a vocational training 
program.
21.8282  Termination of a vocational training program.
21.8284  Additional vocational training.
21.8286  Training resources.

Rate of Pursuit

21.8310  Rate of pursuit.

Authorization of Services

21.8320  Authorization of services.

Leaves of Absence

21.8340  Leaves of absence.

Satisfactory Conduct and Cooperation

21.8360  Satisfactory conduct and cooperation.

Transportation Services

21.8370  Authorization of transportation services.

Additional Applicable Regulations

21.8380  Additional applicable regulations.

Delegation of Authority

21.8410  Delegation of authority.

Subpart M--Vocational Training and Rehabilitation for Vietnam 
Veterans' Children With Spina Bifida

    Authority: 38 U.S.C. 101, 501, 512, 1151 note, 1801-1806, 5112, 
unless otherwise noted.

General


Sec. 21.8010  Vocational training program for certain Vietnam veterans' 
children with spina bifida.

    VA will provide an evaluation to a Vietnam veteran's child who VA 
has determined under Sec. 3.814 of this title suffers from spina 
bifida. If this evaluation establishes that it is feasible for the 
child to achieve a vocational goal, VA will provide the child with the 
vocational training, employment assistance, and other related 
rehabilitation services authorized by this subpart that VA finds the 
child needs to enable the child to achieve a vocational goal, including 
employment.

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


Sec. 21.8012  Definitions and abbreviations.

    (a) Program-specific definitions and abbreviations. For the 
purposes of this subpart:
    Child has the same meaning as Sec. 3.814(c) of this title provides.
    Employment assistance means employment counseling, placement and 
post-placement services, and personal and work adjustment training.
    Institution of higher education has the same meaning that 
Sec. 21.4200 provides for the term institution of higher learning.
    Program of employment services means the services a child may 
receive if the child's entire program consists only of employment 
assistance.
    Program participant means a child who, following an evaluation in 
which VA finds the child's achievement of a vocational goal is 
reasonably feasible, elects to participate in a vocational training 
program under this subpart.
    Spina bifida means any form and manifestation of spina bifida 
except spina bifida occulta.
    Vietnam veteran has the same meaning as Sec. 3.814(c) of this title 
provides.
    Vocational training program means the vocationally oriented 
training services, and assistance, including placement and post-
placement services, and personal and work-adjustment training that VA 
finds necessary to enable the child to prepare for and participate in 
vocational training or employment. A vocational training program may 
include a program of education offered by an institution of higher 
education only if the program is predominantly vocational in content.
    VR&C refers to the Vocational Rehabilitation and Counseling 
activity (usually a division) in a Veterans Benefits Administration 
regional office, the staff members of that activity in the regional 
office or in outbased locations, and the services that activity 
provides.

(Authority: 38 U.S.C. 101, 1801, 1802, 1804)

    (b) Other terms and abbreviations. The following terms and 
abbreviations have the same meaning or explanation that Sec. 21.35 
provides:
    (1) CP (Counseling psychologist);
    (2) Program of education;
    (3) Rehabilitation facility;
    (4) School, educational institution, or institution;
    (5) Training establishment;
    (6) Vocational goal;
    (7) VRC (Vocational rehabilitation counselor);
    (8) VRS (Vocational rehabilitation specialist); and
    (9) Workshop.

(Authority: 38 U.S.C. 1801, 1804)


Sec. 21.8014  Application.

    (a) Filing an application. To participate in a vocational training 
program, the child (or the child's parent or guardian, an authorized 
representative, or a Member of Congress acting on behalf of the child) 
must file an application. An application is a request for an evaluation 
of the feasibility of the child's achievement of a vocational goal and, 
if a CP or VRC determines that achievement of a vocational goal is 
feasible, for participation in a vocational training program. The 
application may be in any form, but it must:
    (1) Be in writing over the signature of the applicant or the 
individual applying on the child's behalf;
    (2) Provide the child's full name, address, and VA claim number, if 
any, and the Vietnam veteran's full name and Social Security number or 
VA claim number, if any; and
    (3) Clearly identify the benefit sought.

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

    (b) Time for filing. An application under this subpart may be filed 
at any time after September 30, 1997.

(Paperwork requirements were approved by the Office of Management 
and Budget under control number 2900-0579.)

(Authority: 38 U.S.C. 1801, 1804)


Sec. 21.8016  Nonduplication of benefits.

    (a) Election of benefits--chapter 35. A child may not receive 
benefits concurrently under 38 U.S.C. chapter 35 and under this 
subpart. If the child is eligible for both benefits, he or she must 
elect in writing which benefit to receive.

(Authority: 38 U.S.C. 1804(e)(1))

    (b) Reelections of benefits--chapter 35. A child receiving benefits 
under this subpart or under 38 U.S.C. chapter 35

[[Page 51290]]

may change his or her election at any time. A reelection between 
benefits under this subpart and under 38 U.S.C. chapter 35 must be 
prospective, however, and may not result in a child receiving benefits 
under both programs for the same period of training.

(Authority: 38 U.S.C. 1804(e)(1))

    (c) Length of benefits under multiple programs--chapter 35. The 
aggregate period for which a child may receive assistance under this 
subpart and under 38 U.S.C. chapter 35 together may not exceed 48 
months of full-time training or the part-time equivalent.

(Paperwork requirements were approved by the Office of Management 
and Budget under control number 2900-0581.)

(Authority: 38 U.S.C. 1804(e)(2))

Basic Entitlement Requirements


Sec. 21.8020  Entitlement to vocational training and employment 
assistance.

    (a) Basic entitlement requirements. Under this subpart, for a child 
to receive vocational training, employment assistance, and related 
rehabilitation services and assistance to achieve a vocational goal (to 
include employment), the following requirements must be met:
    (1) A CP or VRC must determine that achievement of a vocational 
goal by the child is reasonably feasible; and
    (2) The child and VR&C staff members must work together to develop 
and then agree to an individualized written plan of vocational 
rehabilitation identifying the vocational goal and the means to achieve 
this goal.

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

    (b) Services and assistance. A child found eligible and entitled to 
be a vocational training program participant may receive the services 
and assistance described in Sec. 21.8050(a). The following sections in 
subpart A of this part apply to the provision of these services and 
assistance in a manner comparable to their application for a veteran 
under that subpart:
    (1) Section 21.250(a) and (b)(2);
    (2) Section 21.252;
    (3) Section 21.254;
    (4) Section 21.256 (not including paragraph (e)(2);
    (5) Section 21.257; and
    (6) Section 21.258.

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

    (c) Requirements to receive employment services and assistance. VA 
will provide employment services and assistance under paragraph (b) of 
this section only if the child:
    (1) Has achieved a vocational objective;
    (2) Has voluntarily ceased vocational training under this subpart, 
but the case manager finds the child has attained sufficient skills to 
be employable; or
    (3) VA determines during evaluation that the child already has the 
skills necessary for suitable employment and does not need additional 
training, but to secure suitable employment the child does need the 
employment assistance that paragraph (b) of this section describes.

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

    (d) Additional employment services and assistance. If a child has 
received employment assistance and obtains a suitable job, but VA later 
finds the child needs additional employment services and assistance, VA 
may provide the child with these services and assistance if, and to the 
extent, the child has remaining program entitlement.

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

    (e) Program entitlement usage--(1) Basic entitlement period. A 
child will be entitled to receive 24 months of full-time training, 
services, and assistance (including employment assistance) or the part-
time equivalent, as part of a vocational training program.
    (2) Extension of basic entitlement period. The child may receive an 
extension of the basic 24-month entitlement period, not to exceed 
another 24 months of full-time program participation or the part-time 
equivalent. VA may authorize an extension only if VA first determines 
that:
    (i) The extension is necessary for the child to achieve a 
vocational goal identified before the end of the basic 24-month 
entitlement period; and
    (ii) The child can achieve the vocational goal within the extended 
period.
    (3) Principles for charging entitlement. VA will charge entitlement 
usage for training, services, or assistance (but not the initial 
evaluation, as described in Sec. 21.8032) on the same basis as VA would 
charge entitlement usage for providing the same training, services, or 
assistance to a veteran in a vocational rehabilitation program under 38 
U.S.C. chapter 31. VA may charge entitlement at a half-time, three-
quarter-time, or full-time rate based upon the child's training time 
using the rate of pursuit criteria in Sec. 21.8310. The provisions 
concerning reduced work tolerance under Sec. 21.312 or less than half-
time training under Sec. 21.314 do not apply under this subpart.

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


Sec. 21.8022  Entry and reentry.

    (a) Dates of entry. VA may not evaluate a child for a vocational 
training program before the later of the following dates:
    (1) The date VA first receives an application for a vocational 
training program for the child; or
    (2) October 1, 1997.

(Authority: 38 U.S.C. 1151 note, 1804, 1806)

    (b) Reentry. If a child interrupts or ends pursuit of a vocational 
training program and VA subsequently allows the child to reenter the 
program, the date of reentrance will accord with the facts, but may not 
precede the date VA receives an application for the reentrance.

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

Evaluation


Sec. 21.8030  Requirement for evaluation of child.

    (a) Children to be evaluated. The VR&C Division will evaluate each 
child who:
    (1) Applies for a vocational training program; and
    (2) Has been determined under Sec. 3.814 of this title to suffer 
from spina bifida.

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

    (b) Purpose of evaluation. The evaluation has two purposes:
    (1) To ascertain whether achievement of a vocational goal by the 
child is reasonably feasible; and
    (2) If a vocational goal is reasonably feasible, to develop an 
individualized plan of integrated training, services, and assistance 
that the child needs to prepare for and participate in vocational 
training or employment.

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


Sec. 21.8032  Evaluations.

    (a) Scope and nature of evaluation. The scope and nature of the 
evaluation under this program will be comparable to an evaluation of 
the reasonable feasibility of achieving a vocational goal for a veteran 
under 38 U.S.C. chapter 31 and Secs. 21.50(b)(5) and 21.53(b) and (d).

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

    (b) Specific services to determine the reasonable feasibility of 
achieving a vocational goal. As a part of the evaluation of reasonable 
feasibility of achieving a vocational goal, VA may provide the 
following specific services, as appropriate:
    (1) Assessment of feasibility by a CP or VRC;
    (2) Review of feasibility assessment and of need for special 
services by the Vocational Rehabilitation Panel;

[[Page 51291]]

    (3) Provision of medical, testing, and other diagnostic services to 
ascertain the child's capacity for training and employment; and
    (4) Evaluation of employability by professional staff of an 
educational or rehabilitation facility, for a period not to exceed 30 
days.

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

    (c) Responsibility for evaluation. A CP or VRC will make all 
determinations as to the reasonable feasibility of achieving a 
vocational goal.

(Authority: 38 U.S.C. 1804(a), (b))

Services and Assistance to Program Participants


Sec. 21.8050  Scope of training, services, and assistance.

    (a) Allowable training, services, and assistance. VA may provide to 
vocational training program participants:
    (1) Vocationally oriented training, services, and assistance, to 
include:
    (i) Training in an institution of higher education if the program 
is predominantly vocational; and
    (ii) Tuition, fees, books, equipment, supplies, and handling 
charges.
    (2) Employment assistance including:
    (i) Vocational, psychological, employment, and personal adjustment 
counseling;
    (ii) Services to place the individual in suitable employment and 
post-placement services necessary to ensure satisfactory adjustment in 
employment; and
    (iii) Personal adjustment and work adjustment training.
    (3) Vocationally oriented independent living services only to the 
extent that the services are indispensable to the achievement of the 
vocational goal and do not constitute a significant portion of the 
services to be provided.
    (4) Other vocationally oriented services and assistance of the kind 
VA provides veterans under the 38 U.S.C. chapter 31 program, except as 
paragraph (c) of this section provides, that VA determines the program 
participant needs to prepare for and take part in vocational training 
or in employment.

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

    (b) Vocational training program. VA will provide either directly or 
by contract, agreement, or arrangement with another entity, and at no 
cost to the beneficiary, the vocationally oriented training, other 
services, and assistance that VA approves for the individual child's 
program under this subpart. Authorization and payment for approved 
services will be made in a comparable manner to that VA provides for 
veterans under the 38 U.S.C. chapter 31 program.

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

    (c) Prohibited services and assistance. VA may not provide to a 
vocational training program participant any:
    (1) Loan;
    (2) Subsistence allowance;
    (3) Automobile adaptive equipment;
    (4) Training at an institution of higher education in a program of 
education that is not predominantly vocational in content;
    (5) Employment adjustment allowance;
    (6) Room and board in a special rehabilitation facility for a 
period in excess of 30 days; or
    (7) Independent living services, except those that are incidental 
to the pursuit of the vocational training program.

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

Duration of Vocational Training


Sec. 21.8070  Basic duration of a vocational training program.

    (a) Basic duration of a vocational training program. The duration 
of a vocational training program, as Sec. 21.8020(e)(1) and (e)(2) 
provide, may not exceed 24 months of full-time training, services, and 
assistance or the part-time equivalent, except as Sec. 21.8072 allows.

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

    (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))

    (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 Sec. 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))

    (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))

    (e) Estimating the duration of the training period. In estimating 
the length of the training period the 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 Sec. 21.8074(a).

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

    (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))


Sec. 21.8072  Authorizing training, services, and assistance beyond the 
initial individualized written plan of vocational rehabilitation.

    (a) Extension of the duration of a vocational training program. VA 
may authorize an extension of a vocational training program when 
necessary to provide additional training, services, and assistance to 
enable the child to achieve the vocational or employment goal 
identified before the end of the child's basic entitlement period, as 
stated in the individualized written plan of vocational rehabilitation 
under Sec. 21.8080. A change from one occupational objective to another 
in the same field or occupational family meets the criterion for prior 
identification in the individualized written plan of vocational 
rehabilitation.


[[Page 51292]]


(Authority: 38 U.S.C. 1804(d)(2), (e)(2))

    (b) Extensions for prior participants in the program. (1) Except as 
paragraph (b)(2) of this section provides, VA may authorize additional 
training, limited to the use of remaining program entitlement including 
any allowable extension, for a child who previously participated in 
vocational training under this subpart. The additional training must:
    (i) Be designed to enable the child to complete the prior 
vocational goal or a different vocational goal; and
    (ii) Meet the same provisions as apply to training for new 
participants.
    (2) A child who has previously achieved a vocational goal in a 
vocational training program under this subpart may not receive 
additional training under paragraph (b)(1) of this section unless a CP 
or VRC sets aside the child's achievement of that vocational goal under 
Sec. 21.8284.

(Authority: 38 U.S.C. 1804(b) through (e))

    (c) Responsibility for authorizing a program extension. A CP or VRC 
may approve extensions of the vocational training program the child is 
pursuing up to the maximum program limit of 48 months if the CP or VRC 
determines that the child needs the additional time to successfully 
complete training and obtain employment, and the following conditions 
are met:
    (1) The child has completed more than half of the planned training; 
and
    (2) The child is making satisfactory progress.

(Authority: 38 U.S.C. 1804(d)(2))

Sec. 21.8074  Computing the period for vocational training program 
participation.

    (a) Computing the participation period. To compute the number of 
months and days of a child's participation in a vocational training 
program:
    (1) Count the number of actual months and days of the child's:
    (i) Pursuit of vocational education or training;
    (ii) Receipt of extended evaluation-type services and training, or 
services and training to enable the child to prepare for vocational 
training or employment, if a veteran in a 38 U.S.C. chapter 31 program 
would have received a subsistence allowance while receiving the same 
type of services and training; and
    (iii) Receipt of employment and post-employment services (any 
period of employment or post-employment services is considered full-
time program pursuit).
    (2) Do not count:
    (i) The initial evaluation period;
    (ii) Any period before the child enters a vocational training 
program under this subpart;
    (iii) Days of authorized leave; and
    (iv) Other periods during which the child will not pursue training, 
such as periods between terms.
    (3) Convert part-time training periods to full-time equivalents.
    (4) Total the months and days under paragraphs (a)(1) through 
(a)(3) of this section. This sum is the period of the child's 
participation in the program.

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

    (b) Consistency with principles for charging entitlement. 
Computation of the program participation period under this section will 
be consistent with the principles for charging entitlement under 
Sec. 21.8020.

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

Individualized Written Plan of Vocational Rehabilitation


Sec. 21.8080  Requirement for an individualized written plan of 
vocational rehabilitation.

    (a) General. A CP or VRC will work in consultation with each child 
for whom a vocational goal is feasible to develop an individualized 
written plan of vocational rehabilitation services and assistance to 
meet the child's vocational training needs. The CP or VRC will develop 
this individualized written plan of vocational rehabilitation in a 
manner comparable to the rules governing the development of an 
individualized written rehabilitation plan (IWRP) for a veteran for 38 
U.S.C. chapter 31 purposes, as Secs. 21.80, 21.84, 21.88, 21.90, 21.92, 
21.94 (a) through (d), and 21.96 provide.

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

    (b) Selecting the type of training to include in the individualized 
written plan of vocational rehabilitation. If training is necessary, 
the CP or VRC will explore a range of possibilities, to include paid 
and unpaid on-job training, institutional training, and a combination 
of on-job and institutional training to accomplish the goals of the 
program. Generally, a child's program should include on-job training, 
or a combination of on-job and institutional training, when this 
training:
    (1) Is available;
    (2) Is as suitable as using only institutional training for 
accomplishing the goals of the program; and
    (3) Will meet the child's vocational training program needs.

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


Sec. 21.8082  Inability of child to complete individualized written 
plan of vocational rehabilitation or achieve vocational goal.

    (a) Inability to timely complete an individualized written plan of 
vocational rehabilitation or achieve identified goal. After a 
vocational training program has begun, the VR&C case manager may 
determine that the child cannot complete the vocational training 
program described in the child's individualized written plan of 
vocational rehabilitation within the time limits of the individualized 
written plan of vocational rehabilitation or cannot achieve the child's 
identified vocational goal. Subject to paragraph (b) of this section, 
VR&C may assist the child in revising or selecting a new individualized 
written plan of vocational rehabilitation or goal.
    (b) Allowable changes in the individualized written plan of 
vocational rehabilitation or goal. Any change in the child's 
individualized written plan of vocational rehabilitation or vocational 
goal is subject to the child's continuing eligibility under the 
vocational training program and the provisions governing duration of a 
vocational training program in Secs. 21.8020(c) and 21.8070 through 
21.8074.

(Authority: 38 U.S.C. 1804(d), 1804(e))

    (c) Change in the individualized written plan of vocational 
rehabilitation or vocational goal. (1) The individualized written plan 
of vocational rehabilitation or vocational goal may be changed under 
the same conditions as provided for a veteran under Sec. 21.94 (a) 
through (d), and subject to Sec. 21.8070 (d) through (f), if:
    (i) The CP or VRC determines that achievement of a vocational goal 
is still reasonably feasible and that the new individualized written 
plan of vocational rehabilitation or goal is necessary to enable the 
child to prepare for and participate in vocational training or 
employment; and
    (ii) Reentrance is authorized under Sec. 21.8284 in a case when the 
child has completed a vocational training program under this subpart.
    (2) A CP or VRC may approve a change of vocational goal from one 
field or occupational family to another field or occupational family if 
the child can achieve the new goal:
    (i) Before the end of the basic 24-month entitlement period that 
Sec. 21.8020(c)(1) describes; or
    (ii) Before the end of any allowable extension under 
Secs. 21.8020(c)(2) and 21.8072 if the new vocational goal in another 
field or occupational family was

[[Page 51293]]

identified during the basic 24-month entitlement period.
    (3) A change from one occupational objective to another in the same 
field or occupational family does not change the planned vocational 
goal.
    (4) The child must have sufficient remaining entitlement to pursue 
the new individualized written plan of vocational rehabilitation or 
goal, as Sec. 21.8020 provides.

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

    (d) Assistance if child terminates planned program before 
completion. If the child elects to terminate the planned vocational 
training program, he or she will receive the assistance that 
Sec. 21.80(d) provides in identifying other resources through which to 
secure the desired training or employment.

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

Counseling


Sec. 21.8100  Counseling.

    A child requesting or receiving services and assistance under this 
subpart will receive professional counseling by VR&C and other 
qualified VA staff members, and by contract counseling providers, as 
necessary, in a manner comparable to VA's provision of these services 
to veterans under the 38 U.S.C. chapter 31 program, as Secs. 21.100 and 
21.380 provide.

(Authority: 38 U.S.C. 1803(c)(8), 1804(c))

Vocational Training, Services, and Assistance


Sec. 21.8120  Vocational training, services, and assistance.

    (a) Purposes. A child eligible for a vocational training program 
may receive training, services, and assistance to enable the child to 
prepare for and participate in vocational training or employment.

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

    (b) Training permitted. VA and the child will select vocationally 
oriented courses of study and training, completion of which usually 
results in a diploma, certificate, degree, qualification for licensure, 
or direct placement in employment. The educational and training 
services to be provided include:
    (1) Remedial, deficiency, and refresher training; and
    (2) Training that leads to an identifiable vocational goal. Under 
this program, VA may authorize all forms of programs that Secs. 21.122 
through 21.132 describe. This includes education and training programs 
in institutions of higher education. VA may authorize the education and 
training at an undergraduate or graduate degree level, only if the 
degree program is predominantly vocational in nature. For a child to 
participate in a graduate degree program, the graduate degree must be a 
requirement for entry into the child's vocational goal. For example, a 
master's degree is required to engage in social work. The program of 
training is predominantly vocational in content if the majority of the 
instruction provides the technical skills and knowledge employers 
generally regard as specific to, and required for, entry into the 
child's vocational goal.
    (c) Cost of education and training services. The CP or VRC will 
consider the cost of training in selecting a facility when:
    (1) There is more than one facility in the area in which the child 
resides that:
    (i) Meets the requirements for approval under Secs. 21.290 through 
21.298 (except as provided by Sec. 21.8286(b)),
    (ii) Can provide the training, services and other supportive 
assistance the child's individualized written plan of vocational 
rehabilitation specifies, and
    (iii) Is within reasonable commuting distance; or
    (2) The child wishes to train at a suitable facility in another 
area, even though a suitable facility in the area where the child lives 
can provide the training. In considering the costs of providing 
training in this case, VA will use the provisions of Sec. 21.120 
(except 21.120(a)(3)), Sec. 21.370 (however, the words ``under 
Sec. 21.282'' in Sec. 21.370(b)(2)(iii)(B) do not apply), and 
Sec. 21.372 in a manner comparable to that for veterans under the 38 
U.S.C. chapter 31 program.

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

    (d) Accessible courses not locally available. If suitable 
vocational training courses are not available in the area in which the 
child lives, or if they are available but not accessible to the child, 
VA may make other arrangements. These arrangements may include, but are 
not limited to:
    (1) Transportation of the child, but not the child's family, 
personal effects, or household belongings, to another area where 
necessary services are available; or
    (2) Use of an individual instructor to provide necessary training 
in a manner comparable to that for veterans under the 38 U.S.C. chapter 
31 program, as Sec. 21.146 describes.

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

Evaluation and Improvement of Vocational Potential


Sec. 21.8140  Evaluation and improvement of vocational potential.

    (a) General. A CP or VRC may use the services that paragraph (d) of 
this section describes to:
    (1) Evaluate vocational training and employment potential;
    (2) Provide a basis for planning:
    (i) A program of services and assistance to improve the child's 
preparation for vocational training and employment; or
    (ii) A vocational training program;
    (3) Reevaluate the vocational training feasibility of a child 
participating in a vocational training program; and
    (4) Remediate deficiencies in the child's basic capabilities, 
skills, or knowledge to give the child the ability to participate in 
vocational training or employment.

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

    (b) Periods when evaluation and improvement services may be 
provided. A CP or VRC may authorize the services described in paragraph 
(d) of this section, except those in paragraph (d)(4) of this section, 
for delivery during:
    (1) An initial evaluation; or
    (2) Pursuit of a vocational training program.

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

    (c) Duration of services. The duration of services needed to 
improve vocational training and employment potential, furnished on a 
full-time basis either as a preliminary part or all of a vocational 
training program, may not exceed 9 months. If VA furnishes these 
services on a less than full-time basis, the duration will be for the 
period necessary, but may not exceed the equivalent of 9 months of 
full-time training.

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

    (d) Scope of services. Evaluation and improvement services include:
    (1) Diagnostic services;
    (2) Personal and work adjustment training;
    (3) Referral for medical care and treatment for the spina bifida or 
related conditions;
    (4) Vocationally oriented independent living services indispensable 
to pursuing a vocational training program;
    (5) Language training, speech and voice correction, training in 
ambulation, and one-hand typewriting;
    (6) Orientation, adjustment, mobility and related services; and
    (7) Other appropriate services to assist the child in functioning 
in the proposed training or work environment.


[[Page 51294]]


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

    (e) Applicability of chapter 31 rules on special rehabilitation 
services. The provisions of Sec. 21.140 do not apply to this subpart. 
Subject to the provisions of this subpart, the following provisions 
apply to the vocational training program under this subpart in a manner 
comparable to that for veterans under the 38 U.S.C. chapter 31 program: 
Sec. 21.142(a) and (b); Sec. 21.144; Sec. 21.146; Sec. 21.148(a) and 
(c); Sec. 21.150 other than paragraph (b); Sec. 21.152 other than 
paragraph (b); Sec. 21.154 other than paragraph (b); and Sec. 21.156.

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

Supplies


Sec. 21.8210  Supplies.

    (a) Purpose of furnishing supplies. VA will provide the child with 
the supplies that the child needs to pursue training, to obtain and 
maintain employment, and otherwise to achieve the goal of his or her 
vocational training program.

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

    (b) Types of supplies. VA may provide books, tools, and other 
supplies and equipment that VA determines are necessary for the child's 
vocational training program and are required by similarly circumstanced 
veterans pursuing such training under 38 U.S.C. chapter 31.

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

    (c) Periods during which VA may furnish supplies. VA may provide 
supplies to a child receiving:
    (1) An evaluation;
    (2) Vocational training, services, and assistance to reach the 
point of employability; or
    (3) Employment services.

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

    (d) Other rules. The provisions of Secs. 21.212 through 21.224 
apply to children pursuing a vocational training program under this 
subpart in a comparable manner as VA provides supplies to veterans 
under 38 U.S.C. chapter 31, except the following portions:
    (1) Section 21.216(a)(3) pertaining to special modifications, 
including automobile adaptive equipment;
    (2) Section 21.220(a)(1) pertaining to advancements from the 
revolving fund loan;
    (3) Section 21.222(b)(x) pertaining to discontinuance from an 
independent living services program.

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

Program Costs


Sec. 21.8260  Training, services, and assistance costs.

    The provisions of Sec. 21.262 pertaining to reimbursement for 
training and other program costs apply, in a comparable manner as 
provided under the 38 U.S.C. chapter 31 program for veterans, to 
payments to facilities, vendors, and other providers for training, 
supplies, and other services they deliver under this subpart.

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

Vocational Training Program Entrance, Termination, and Resources


Sec. 21.8280  Effective date of induction into a vocational training 
program.

    Subject to the limitations in Sec. 21.8022, the date a child is 
inducted into a vocational training program will be the date the child 
first begins to receive training, services, or assistance under an 
individualized written plan of vocational rehabilitation.

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


Sec. 21.8282  Termination of a vocational training program.

    A case manager may terminate a child's vocational training program 
for cause, including lack of cooperation, failure to pursue the 
individualized written plan of vocational rehabilitation, fraud, or 
administrative error. A child for whom a vocational goal is reasonably 
feasible remains eligible for the program subject to the rules of this 
subpart unless the child's eligibility for or entitlement to a 
vocational training program under this subpart resulted from fraud or 
administrative error.
    (a) Fraud. If a child establishes eligibility for or entitlement to 
benefits under this subpart through fraud, VA will terminate the award 
of vocational training and rehabilitation as of the date VA first began 
to pay benefits.
    (b) Administrative error. If a child who is not entitled to 
benefits under this subpart receives those benefits through VA 
administrative error, VA will terminate the award of benefits as of the 
first day of the calendar month beginning at least 60 days after 
notifying the child of the proposed termination. This 60-day period may 
not result in the entrance of the child into a new quarter, semester, 
or other term of training unless VA has already obligated payment for 
the training.
    (c) Lack of cooperation or failure to pursue individualized written 
plan of vocational rehabilitation. If reasonable VR&C efforts to 
motivate a child do not resolve a lack of cooperation or failure to 
pursue an individualized written plan of vocational rehabilitation, VA 
will terminate the award of benefits as of the first day of the 
calendar month beginning at least 60 days after notifying the child of 
the proposed termination. This 60-day period may not result in the 
entrance of the child into a new quarter, semester, or other term of 
training. VA will deobligate payment for training in the new quarter, 
semester, or other term of training.

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


Sec. 21.8284  Additional vocational training.

    VA may provide an additional period of training or services under a 
vocational training program to a child who has completed training for a 
vocational goal and/or been suitably employed under this subpart, if 
the child is otherwise eligible and has remaining program entitlement 
as provided in Sec. 21.8072(b), only under one of the following 
conditions:
    (a) Current facts, including any relevant medical findings, 
establish that the child's disability has worsened to the extent that 
he or she can no longer perform the duties of the occupation which was 
the child's vocational goal under this subpart;
    (b) The occupation that was the child's vocational goal under this 
subpart is now unsuitable;
    (c) The vocational training program services and assistance the 
child originally received are now inadequate to make the child 
employable in the occupation which he or she sought to achieve;
    (d) Experience has demonstrated that VA should not reasonably have 
expected employment in the objective or field for which the child 
received vocational training program services and assistance; or
    (e) Technological change that occurred after the child achieved a 
vocational goal under this subpart now prevents the child from:
    (1) Performing the duties of the occupation for which VA provided 
training, services, or assistance, or in a related occupation; or
    (2) Securing employment in the occupation for which VA provided 
training, services, or assistance, or in a related occupation.

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


Sec. 21.8286  Training resources.

    (a) Applicable 38 U.S.C. chapter 31 resource provisions. The 
provisions of Sec. 21.146 and Secs. 21.290 through 21.298 apply to 
children pursuing a vocational training program under this subpart in a 
comparable manner as for veterans under the 38 U.S.C. chapter 31 
program,

[[Page 51295]]

except as paragraph (b) of this section specifies.

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

    (b) Limitations. The provisions of Sec. 21.294(b)(1)(i) and 
(b)(1)(ii) pertaining to independent living services do not apply to 
this subpart. The provisions of Sec. 21.294(b)(1)(iii) pertaining to 
authorization of independent living services as a part of an 
individualized written plan of vocational rehabilitation apply to 
children under this subpart in a comparable manner as for veterans 
under the 38 U.S.C. chapter 31 program only to the extent Sec. 21.8050 
allows.

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

Rate of Pursuit


Sec. 21.8310  Rate of pursuit.

    (a) General requirements. VA will approve a child's pursuit of a 
vocational training program at a rate consistent with his or her 
ability to successfully pursue training, considering:
    (1) Effects of his or her disability;
    (2) Family responsibilities;
    (3) Travel;
    (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 Secs. 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 
Sec. 21.310 for veterans under the 38 U.S.C. chapter 31 program.

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

Authorization of Services


Sec. 21.8320  Authorization of services.

    The provisions of Sec. 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))

Leaves of Absence


Sec. 21.8340  Leaves of absence.

    (a) Purpose of leave of absence. The purpose of the leave system is 
to enable the child to maintain his or her status as an active program 
participant.

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

    (b) Basis for leave of absence. The VR&C case manager may grant the 
child leaves of absence for periods during which the child fails to 
pursue a vocational training program. For prolonged periods of absence, 
the VR&C case manager may approve leaves of absence only if the case 
manager determines the child is unable to pursue a vocational training 
program through no fault of the child.

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

    (c) Effect on entitlement. During a leave of absence, the running 
of the basic 24-month period of entitlement, plus any extensions 
thereto, shall be suspended until the child resumes the program.

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

Satisfactory Conduct and Cooperation


Sec. 21.8360  Satisfactory conduct and cooperation.

    The provisions for satisfactory conduct and cooperation in 
Secs. 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 
cooperation, 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


Sec. 21.8370  Authorization of transportation services.

    (a) General. VA shall authorize transportation services necessary 
for a child to pursue a vocational training program. The sections in 
subpart A of this part that are referred to in this paragraph (a) shall 
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. 
Transportation services include:
    (1) Transportation for evaluation or counseling under Sec. 21.376;
    (2) Intraregional travel under Sec. 21.370 (except that assurance 
that the child meets all basic requirements for induction into training 
will be determined without regard to the provisions of Sec. 21.282) and 
interregional travel under Sec. 21.372;
    (3) Special transportation allowance under Sec. 21.154; and
    (4) Commuting to and from training and while seeking employment, 
subject to paragraphs (c) and (d) of this section.

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

    (b) Reimbursement. For transportation services that VA authorizes, 
VA will normally pay in arrears and in the same manner as tuition, 
fees, and other services under this program.

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

    (c) Payment for commuting expenses for training and seeking 
employment. VA may pay for transportation during the period of 
vocational training and the first 3 months the child receives 
employment services. VA may reimburse the child's costs, not to exceed 
$200 per month, of commuting to and from training and seeking 
employment if he or she requests this assistance and VA determines, 
after careful examination of the child's situation and subject to the 
limitations in paragraph (d) of this section, that the child would be 
unable to pursue training or employment without this assistance. VA 
may:
    (1) Reimburse the facility at which the child is training if the 
facility provided transportation or related services; or
    (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;

[[Page 51296]]

    (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 Sec. 21.154 
will receive only the benefit under Sec. 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


Sec. 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: Secs. 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


Sec. 21.8410  Delegation of authority.

    The Secretary delegates authority for making findings and decisions 
under 38 U.S.C. 1804 and the applicable regulations, precedents, and 
instructions for the program under this subpart to the Under Secretary 
for Benefits and to VR&C supervisory or non-supervisory staff members.

(Authority: 38 U.S.C. 512(a))

[FR Doc. 97-25662 Filed 9-29-97; 8:45 am]
BILLING CODE 8320-01-P