[Federal Register Volume 67, Number 235 (Friday, December 6, 2002)]
[Rules and Regulations]
[Pages 72563-72573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30779]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AK90


Vocational Training for Certain Children of Vietnam Veterans--
Covered Birth Defects and Spina Bifida

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document establishes regulations regarding provision of 
vocational training and rehabilitation for women Vietnam veterans' 
children with covered birth defects. It revises the current regulations 
regarding vocational training and rehabilitation for Vietnam veterans' 
children suffering from spina bifida to also encompass vocational 
training and rehabilitation for women Vietnam veterans' children with 
certain other birth defects. This is necessary to provide vocational 
training and rehabilitation for such children in accordance with 
recently enacted legislation.

DATES: Effective Date: December 6, 2002.
    Applicability Date: This rule is applicable retroactively to 
December 1, 2001, for benefits added by Public Law 106-419. For more 
information concerning the dates of applicability, see the 
SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Charles A. Graffam, Consultant, 
Vocational Rehabilitation and Employment Service (282), Department of 
Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 20420; (202) 
273-7344.

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on January 2, 2002 (67 FR 215), we proposed to amend VA's 
``Vocational Rehabilitation and Education'' regulations (38 CFR part 
21) by revising the regulations in part 21, subpart M (Sec. Sec.  
21.8010 through 21.8410) concerning the provision of vocational 
training and rehabilitation. These regulations had only concerned the 
provision of vocational training and rehabilitation for Vietnam 
veterans' children with spina bifida. We proposed to revise the 
regulations by adding women Vietnam veterans' children with covered 
birth defects to the existing regulatory framework, as well as to 
correct certain references and to make other nonsubstantive changes for 
purposes of clarity.
    Prior to the enactment of Public Law 106-419 on November 1, 2000, 
the provisions of 38 U.S.C. chapter 18 only

[[Page 72564]]

concerned benefits for children with spina bifida who were born to 
Vietnam veterans. Effective December 1, 2001, section 401 of Public Law 
106-419 amended 38 U.S.C. chapter 18 to add benefits for women Vietnam 
veterans' children with certain birth defects (referred to as ``covered 
birth defects'').
    Two companion proposed rule documents concerning the provision of 
benefits for certain children of Vietnam veterans under that 
legislation were also set forth in the January 2, 2002, issue of the 
Federal Register. One concerned monetary allowances and the 
identification of covered birth defects (RIN: 2900-AK67) (67 FR 200). 
The other concerned the provision of health care (RIN: 2900-AK88) (67 
FR 209). With respect to the first document, we published a final rule 
entitled ``Monetary Allowances for Certain Children of Vietnam 
Veterans; Identification of Covered Birth Defects'' in the July 31, 
2002, issue of the Federal Register (67 FR 49585).
    For the proposed rule on vocational training and rehabilitation, we 
provided, except for the information collection provisions, a thirty-
day period for public comments, which ended on February 1, 2002. 
Pursuant to the Paperwork Reduction Act, we provided for the 
information collections in the document a 60-day comment period, which 
ended on March 4, 2002. We received comments from the Spina Bifida 
Association of America and from two individuals. None of the comments 
concerned the information collections.
    A comment was received from the Spina Bifida Association of America 
that discussed the importance of higher education for individuals with 
disabilities and requested that the regulations be changed to offer 
``48 months of either vocational or educational assistance.'' No 
changes are made based on this comment.
    With respect to this commenter's request to include educational 
assistance, the provisions in proposed 38 CFR 21.8010, 21.8050, and 
21.8120 appropriately reflect the legal limits on VA's authority to 
consider a program of education at an institution of higher learning to 
be within or outside the scope of vocational training benefits for 
children who are eligible for benefits under 38 U.S.C. chapter 18. 
Under the provisions concerning vocational training for children 
eligible for benefits under 38 U.S.C. chapter 18, 38 U.S.C. 
1804(c)(1)(B) provides that a vocational training program ``may include 
a program of education at an institution of higher learning if the 
Secretary determines that the program of education is predominantly 
vocational in content.'' We have no other legal authority to provide 
benefits for a program of education at an institution of higher 
learning for these children of Vietnam veterans.
    With respect to the commenter's request that 48 months be the 
length of vocational assistance under these regulations, the proposed 
regulations in 38 CFR 21.8016, 21.8020, and 21.8170 appropriately 
reflect the statutory limits on the length of vocational assistance. 
Under 38 U.S.C. 1804(d)(1) and 1814, 24 months is the maximum length of 
a vocational training program for these children of Vietnam veterans, 
except that the Secretary may grant an extension for up to 24 
additional months when the requirements of 38 U.S.C. 1804(d)(2) are 
met.
    One of the individual commenters felt that the U.S. government is 
displaying a bias in favor of women veterans in this regulation and 
that the hidden effect of Agent Orange may also have remained dormant 
in men's systems and produced chromosomal disorders in their children. 
No changes are made based on this comment. Public Law 106-419, which 
was based on a comprehensive health study conducted by VA of 8,280 
women Vietnam-era veterans, provides benefits specifically for women 
Vietnam veterans' children with certain birth defects. We have no legal 
authority to award the statute's new vocational training benefits to 
children of male Vietnam veterans.
    The other individual commenter suggested adding to 38 CFR 21.8370 a 
new paragraph concerning payment of transportation expenses that would 
constitute a substantive change in the provisions of Sec.  21.8370 
concerning those payments. The proposed rule in Sec.  21.8370 has the 
same language concerning transportation expenses, with the exception of 
nonsubstantive changes, as in the current Sec.  21.8370 concerning 
vocational training and rehabilitation for Vietnam veterans' children 
with spina bifida. We believe that a substantive change to the 
provisions concerning payment of transportation expenses for 
beneficiaries under 38 U.S.C. chapter 18 is beyond the scope of this 
rulemaking.
    That same commenter also suggested changing the first sentence of 
proposed 38 CFR 21.8370(a), which states that ``VA will authorize 
transportation services * * *'', by replacing the word ``will'' with 
``shall'' to show the obligation of VA. The commenter noted that 
``shall'' is used in Sec.  21.8370 as in effect prior to this final 
rule. In our view, adopting the proposed rule's change from ``shall'' 
to ``will'' would not change the meaning of the sentence. However, we 
have concluded that neither term is necessary in this context, and we 
are making in this final rule a nonsubstantive change from the proposed 
rule for purposes of clarification to state that ``VA authorizes 
transportation services * * *. ''
    We are also making nonsubstantive changes from the proposed rule 
for purposes of clarity or to remove obsolete nomenclature.
    Based on the rationale set forth in the proposed rule and in this 
document, we are adopting the provisions of the proposed rule as a 
final rule without change, except that we are making the changes 
discussed above and we are adding a statement following each of the 
sections in the rule with information collection requirements to 
reflect the approval by the Office of Management and Budget (OMB) of 
the information collection requirements contained in those sections.

Administrative Procedure Act

    This rule provides for new benefits and otherwise merely makes 
nonsubstantive changes. To avoid delay in furnishing the new benefits, 
we find that there is good cause to make this final rule effective 
without a 30-day delay of its effective date. Accordingly, under 5 
U.S.C. 553, there is no need for delay in this rule's effective date.

Applicability Dates

    This rule is applicable retroactively to the statutory effective 
date of December 1, 2001, for benefits added by section 401 of Public 
Law 106-419. This rule is otherwise applicable on the rule's effective 
date, December 6, 2002, for the already existing program of vocational 
training and rehabilitation for Vietnam veterans' children determined 
under 38 CFR 3.814 to suffer from spina bifida.

Paperwork Reduction Act

    Information collection requirements associated with this final rule 
in 38 CFR 21.8014 and 21.8370 have been approved by OMB under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501-3520) and 
have been assigned OMB control numbers 2900-0579 and 2900-0580. The 
information collection requirements of Sec.  21.8014 concern 
applications for vocational training benefits for certain children of 
Vietnam veterans. The information collection requirements of Sec.  
21.8370 concern requests for transportation expense reimbursement. (In 
addition, OMB has approved VA's request to discontinue the information 
collection approval for 38 CFR 21.8016 concerning an election between 
benefits because its information collection requirements

[[Page 72565]]

affect fewer than 10 respondents annually.)
    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.

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 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 1,200 Vietnam 
veterans' children who suffer from spina bifida and women Vietnam 
veteran's children who suffer from spina bifida or other covered birth 
defects. They are widely dispersed geographically, and the services 
provided to them would not have a significant impact on any small 
businesses. Moreover, the institutions capable of providing appropriate 
services and vocational training to Vietnam veteran's children with 
covered birth defects or spina bifida are generally large 
capitalization facilities. Therefore, pursuant to 5 U.S.C. 605(b), this 
rule is exempt from the initial and final regulatory flexibility 
analyses requirements of sections 603 and 604.

Unfunded Mandates

    The Unfunded Mandates Reform Act requires, at 2 U.S.C. 1532, that 
agencies prepare an assessment of anticipated costs and benefits before 
developing any rule that may result in an expenditure by State, local, 
or tribal governments, in the aggregate, or by the private sector, of 
$100 million or more in any given year. This rule will have no 
consequential effect on State, local, or tribal governments.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance program number for 
benefits affected by this rule is 64.128. There is no Catalog of 
Federal Domestic Assistance program number for other benefits affected 
by this rule.

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 25, 2002.
Anthony J. Principi,
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 revised to read as follows:
Subpart M--Vocational Training and Rehabilitation for Certain Children 
of Vietnam Veterans--Spina Bifida and Covered Birth Defects

General

Sec.
21.8010 Definitions and abbreviations.
21.8012 Vocational training program for certain children of Vietnam 
veterans--spina bifida and covered birth defects.
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 Particpants

21.8050 Scope of training, services, and assistance.

Duration of Vocational 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.
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 Certain 
Children of Vietnam Veterans--Spina Bifida and Covered Birth 
Defects

    Authority: 38 U.S.C. 101, 501, 512, 1151 note, 1802, 1804-1805, 
1811, 1811 note, 1812, 1814, 1816, 1821-1824, 5112, unless otherwise 
noted.

General


Sec.  21.8010  Definitions and abbreviations.

    (a) Program-specific definitions and abbreviations. For the 
purposes of this subpart:
    Covered birth defect means the same as defined at Sec.  3.815(c)(3) 
of this title.
    Eligible child means, as appropriate, either an individual as 
defined at Sec.  3.814(c)(2) of this title who suffers from spina 
bifida, or an individual as defined at Sec.  3.815(c)(2) of this title 
who has a covered birth defect other than a birth defect described in 
Sec.  3.815(a)(2).
    Employment assistance means employment counseling, placement and

[[Page 72566]]

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 an eligible child 
may receive if the child's entire program consists only of employment 
assistance.
    Program participant means an eligible 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 the same as defined at Sec.  3.814(c)(3) of this 
title.
    Vietnam veteran means, in the case of a child suffering from spina 
bifida, the same as defined at Sec.  3.814(c)(1) or Sec.  3.815(c)(1) 
of this title and, in the case of a child with a covered birth defect, 
the same as defined at Sec.  3.815(c)(1) of this title.
    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 an eligible 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&E refers to the Vocational Rehabilitation and Employment 
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, 1802, 1804, 1811-1812, 1814, 1821)

    (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); and
    (8) Workshop.

(Authority: 38 U.S.C. 1804, 1811, 1814, 1821)


Sec.  21.8012  Vocational training program for certain children of 
Vietnam veterans--spina bifida and covered birth defects.

    VA will provide an evaluation to an eligible child to determine the 
child's potential for achieving a vocational goal. 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 achieve a 
vocational goal, including employment.

(Authority: 38 U.S.C. 1804, 1812, 1814)


Sec.  21.8014  Application.

    (a) Filing an application. To participate in a vocational training 
program, the child of a Vietnam veteran (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 person 
applying on the child's behalf;
    (2) Provide the child's full name, address, and VA claim number, if 
any, and the parent 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), 1822, 5101)

    (b) Time for filing. For a child claiming eligibility based on 
having spina bifida, an application under this subpart may be filed at 
any time after September 30, 1997. For a child claiming eligibility 
based on a covered birth defect, an application under this subpart may 
be filed at any time after November 30, 2001. (The Office of Management 
and Budget has approved the information collection requirements in this 
section under control number 2900-0579)

(Authority: 38 U.S.C. 1804, 1811, 1811 note, 1812, 1814, 1821)


Sec.  21.8016  Nonduplication of benefits.

    (a) Election of benefits--chapter 35. An eligible 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), 1814, 1824)

    (b) Reelections of benefits--chapter 35. An eligible child 
receiving benefits under this subpart or under 38 U.S.C. chapter 35 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 an eligible child receiving benefits 
under both programs for the same period of training.

(Authority: 38 U.S.C. 1804(e)(1), 1814, 1824)

    (c) Length of benefits under multiple programs--chapter 35. The 
aggregate period for which an eligible 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.

(Authority: 38 U.S.C. 1804(e)(2), 1814)

    (d) Nonduplication of benefits under 38 U.S.C. 1804 and 1814. An 
eligible child may only be provided one program of vocational training 
under this subpart.

(Authority: 38 U.S.C. 1804, 1814, 1824)

Basic Entitlement Requirements


Sec.  21.8020  Entitlement to vocational training and employment 
assistance.

    (a) Basic entitlement requirements. Under this subpart, for an 
eligible 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&E 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), 1814)

    (b) Services and assistance. An eligible child 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 the 38 U.S.C. chapter 31 program:
    (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, 1814)

    (c) Requirements to receive employment services and assistance. VA 
will provide employment services and assistance under paragraph (b) of 
this section only if the eligible child:

[[Page 72567]]

    (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, 1814)

    (d) Additional employment services and assistance. If an eligible 
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, 1814)

    (e) Program entitlement usage.--(1) Basic entitlement period. An 
eligible 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. VA may extend the basic 
24-month entitlement period, not to exceed another 24 months of full-
time program participation, or the part-time equivalent, if VA 
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) furnished to an eligible 
child under this subpart on the same basis as VA would charge for 
similar training, services, or assistance furnished 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, and those relating to less-than-half-time 
training under Sec.  21.314, do not apply under this subpart.

(Authority: 38 U.S.C. 1804, 1814)


Sec.  21.8022  Entry and reentry.

    (a) Date of program entry. VA may not enter a child into a 
vocational training program or provide an evaluation or any training, 
services, or assistance under this subpart before the date VA first 
receives an application for a vocational training program filed in 
accordance with Sec.  21.8014.

(Authority: 38 U.S.C. 1151 note, 1804, 1811, 1811 note, 1812, 1814)

    (b) Reentry. If an eligible 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, 1814, 1822)

Evaluation


Sec.  21.8030  Requirement for evaluation of child.

    (a) Children to be evaluated. The VR&E Division will evaluate each 
child who:
    (1) Applies for a vocational training program; and
    (2) Has been determined to be an eligible child as defined in Sec.  
21.8010.

(Authority: 38 U.S.C. 1804(a), 1814)

    (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, 1814)


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 Sec. Sec.  21.50(b)(5) and 21.53(b) and 
(d).

(Authority: 38 U.S.C. 1804(a), 1814)

    (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;
    (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), 1814)

    (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), 1814)

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), 1814)

    (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

[[Page 72568]]

for veterans under the 38 U.S.C. chapter 31 program.

(Authority: 38 U.S.C. 1804(c), 1814)

    (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 (other than for a period of 30 days or less in a 
special rehabilitation facility either for purposes of an extended 
evaluation or to improve and enhance vocational potential);
    (7) Independent living services, except those that are incidental 
to the pursuit of the vocational training program.


    (Authority: 38 U.S.C. 1804(c), 1814)

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 paragraphs (e)(1) and (e)(2) of 
Sec.  21.8020 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), 1814)

    (b) Responsibility for estimating the duration of a vocational 
training program. While preparing the individualized written plan of 
vocational rehabilitation, the CP or VRC will estimate the time the 
child needs to complete a vocational training program.

(Authority: 38 U.S.C. 1804(c), 1814)

    (c) Duration and scope of training must meet general requirements 
for entry into the selected occupation. The child will receive 
training, services, and assistance, as 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), 1814)

    (d) Approval of training beyond the entry level. To qualify for 
employment in a particular occupation, the child may need training that 
exceeds the amount a person generally needs for employment in that 
occupation. VA will provide the necessary additional training under one 
or more of the following conditions:
    (1) Training requirements for employment in the child's vocational 
goal in the area where the child lives or will seek employment exceed 
those job seekers generally need for that type of employment;
    (2) The child is preparing for a type of employment in which he or 
she will be at a definite disadvantage in competing with nondisabled 
persons and the additional training will offset the competitive 
disadvantage;
    (3) The choice of a feasible occupation is limited, and additional 
training will enhance the child's employability in one of the feasible 
occupations; or
    (4) The number of employment opportunities within a feasible 
occupation is restricted.

(Authority: 38 U.S.C. 1804(c), 1814)

    (e) Estimating the duration of the training period. In estimating 
the length of the training period the eligible child needs, the CP or 
VRC must determine that:
    (1) The proposed vocational training would not normally require a 
person without a disability more than 24 months of full-time pursuit, 
or the part-time equivalent, for successful completion; and
    (2) The program of training and other services the child needs, 
based upon VA's evaluation, will not exceed 24 months or the part-time 
equivalent. In calculating the proposed program's length, the CP or VRC 
will follow the procedures in Sec.  21.8074(a).

(Authority: 38 U.S.C. 1804(d), 1814)

    (f) Required selection of an appropriate vocational goal. If the 
total period the child would require for completion of an initial 
vocational training program in paragraph (e) of this section is more 
than 24 months, or the part-time equivalent, the CP or VRC must work 
with the child to select another suitable initial vocational goal.

(Authority: 38 U.S.C. 1804(d)(2), 1814)

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.

(Authority: 38 U.S.C. 1804(d)(2), (e)(2), 1814)

    (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 an eligible 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) An eligible 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), 1814)

    (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), 1814)

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 an eligible 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

[[Page 72569]]

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 does 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) and (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), 1814)

    (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), 1814)

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 Sec. Sec.  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), 1814)

    (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, an eligible 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), 1814)

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&E case manager may 
determine that the eligible 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&E 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 eligible 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 Sec. Sec.  21.8020(e) and 21.8070 
through 21.8074.

(Authority: 38 U.S.C. 1804(d), 1804(e), 1814)

    (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 
eligible 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(e)(1) describes; or
    (ii) Before the end of any allowable extension under Sec. Sec.  
21.8020(e)(2) and 21.8072 if the new vocational goal in another field 
or occupational family was 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), 1814)

    (d) Assistance if child terminates planned program before 
completion. If the eligible 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), 1814)

Counseling


Sec.  21.8100  Counseling.

    An eligible child requesting or receiving services and assistance 
under this subpart will receive professional counseling by VR&E 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 
Sec. Sec.  21.100 and 21.380 provide.

(Authority: 38 U.S.C. 1803(c)(8), 1804(c), 1814)

Vocational Training, Services, and Assistance


Sec.  21.8120  Vocational training, services, and assistance.

    (a) Purposes. An eligible child 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), 1814)

    (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

[[Page 72570]]

    (2) Training that leads to an identifiable vocational goal. Under 
this program, VA may authorize all forms of programs that Sec. Sec.  
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 
an eligible 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 Sec. Sec.  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), 1814)

    (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), 1814)

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 eligible 
child's preparation for vocational training and employment; or
    (ii) A vocational training program;
    (3) Reevaluate the vocational training feasibility of an eligible 
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), 1814)

    (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 or extended evaluation; or
    (2) Pursuit of a vocational training program.

(Authority: 38 U.S.C. 1804(c), 1814)

    (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), 1814)

    (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 pursuant to Sec. Sec.  
17.900 through 17.905 of this title for the spina bifida, covered birth 
defects, 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.

(Authority: 38 U.S.C. 1804(c), 1814)

    (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), 1814)

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), 1814)

    (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), 1814)

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

(Authority: 38 U.S.C. 1804(c), 1814)

    (d) Other rules. The provisions of Sec. Sec.  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;

[[Page 72571]]

    (2) Section 21.220(a)(1) pertaining to advancements from the 
revolving fund loan;
    (3) Section 21.222(b)(1)(x) pertaining to discontinuance from an 
independent living services program.

(Authority: 38 U.S.C. 1804(c), 1814)

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), 1814)

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 an eligible 
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), 1814)

Sec.  21.8282  Termination of a vocational training program.

    A case manager may terminate a vocational training program under 
this subpart for cause, including lack of cooperation, failure to 
pursue the individualized written plan of vocational rehabilitation, 
fraud, administrative error, or finding that the child no longer has a 
covered birth defect. An eligible 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 or unless VA finds the child no longer has a 
covered birth defect. The effective date of termination will be the 
earliest of the following applicable dates:
    (a) Fraud. If an eligible 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 an eligible 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) Change in status as an eligible child with a covered birth 
defect. If VA finds that a child no longer has a covered birth defect, 
VA will terminate the award of benefits effective the last day of the 
month in which such determination becomes final.
    (d) Lack of cooperation or failure to pursue individualized written 
plan of vocational rehabilitation. If reasonable VR&E efforts to 
motivate an eligible 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, 1814)

Sec.  21.8284  Additional vocational training.

    VA may provide an additional period of training or services under a 
vocational training program to an eligible 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), 1814)

Sec.  21.8286  Training resources.

    (a) Applicable 38 U.S.C. chapter 31 resource provisions. The 
provisions of Sec.  21.146 and Sec. Sec.  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, except as paragraph (b) of this section specifies.

(Authority: 38 U.S.C. 1804(c), 1814)

    (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), 1814)

Rate of Pursuit


Sec.  21.8310  Rate of pursuit.

    (a) General requirements. VA will approve an eligible 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), 1814)

    (b) Continuous pursuit. An eligible 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), 1814)


[[Page 72572]]


    (c) Responsibility for determining the rate of pursuit. VR&E 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 Sec. Sec.  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), 1814)

    (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), 1814)

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 or IEAP are considered as 
referring to the child's individualized written plan of vocational 
rehabilitation under this subpart.

(Authority: 38 U.S.C. 1804(c), 1814)

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), 1814)

    (b) Basis for leave of absence. The VR&E 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&E 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), 1814)

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

(Authority: 38 U.S.C. 1804(c), 1814)

Satisfactory Conduct and Cooperation


Sec.  21.8360  Satisfactory conduct and cooperation.

    The provisions for satisfactory conduct and cooperation in 
Sec. Sec.  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 an eligible child fails to meet these requirements for satisfactory 
conduct or cooperation, the VR&E case manager will terminate the 
child's vocational training program. VA will not grant an eligible 
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), 1814)

Transportation Services


Sec.  21.8370  Authorization of transportation services.

    (a) General. VA authorizes transportation services necessary for an 
eligible child to pursue a vocational training program. The sections in 
subpart A of this part that are referred to in this paragraph 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), 1814)

    (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), 1814)

    (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), 1814)

    (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;
    (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), 1814)

    (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), 1814)

    (f) Nonduplication. If a child is eligible for reimbursement of 
transportation services both under this section and under Sec.  21.154, 
the child will receive only the benefit under Sec.  21.154.
    (The Office of Management and Budget has approved the information 
collection requirements in this section under control number 2900-0580)

(Authority: 38 U.S.C. 1804(c), 1814)

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: Sec. Sec.  21.380, 21.412, 21.414 (except 
(c), (d), and (e)), 21.420, and 21.430.

(Authority: 38 U.S.C. 1804, 1814, 5112)

Delegation of Authority


Sec.  21.8410  Delegation of authority.

    The Secretary delegates authority for making findings and decisions 
under 38

[[Page 72573]]

U.S.C. 1804 and 1814 and the applicable regulations, precedents, and 
instructions for the program under this subpart to the Under Secretary 
for Benefits and to VR&E supervisory or non-supervisory staff members.

(Authority: 38 U.S.C. 512(a), 1804, 1814)
[FR Doc. 02-30779 Filed 12-5-02; 8:45 am]
BILLING CODE 8320-01-P