Vocational Training

(1) Vocational and other training services include, but are not limited to personal and work adjustment, books or other vocational training materials, vocational training services in institutions of higher education, and on-the-job training. Vocational training services shall be provided at facilities and institutions within the Commonwealth unless: (a) medical conditions or functional limitations related to the disability make it necessary for an individual to attend a facility or institution outside the Commonwealth; (b) necessary vocational training services are not available to the individual within the Commonwealth; or (c) comparable vocational training outside of the Commonwealth is equal to or less than the cost of vocational training within the Commonwealth. (3) Vocational training services shall not be provided beyond the customary time for completing the vocational training program, unless the individual is unable to complete vocational training due to an exacerbation of his or her disabling condition or other serious circumstances. Services maybe discontinued when the individual fails to attain training objectives or related vocational training program achievement standards. (4) Vocational training services shall be provided only at institutions and facilities meeting all statutory, regulatory, accreditation, licensing, certification, approval, health and safety, and related standards. Vocational training services are subject to a determination of financial participation. Full consideration must be given to any comparable benefit available to meet, in whole or in part, the cost of such services. (5) The term “institution of higher education” refers to institutions that qualify to participate in federal financial aid programs. The term refers to a college, junior college, community college, or post secondary vocational training institution (as designated by the United States Department of Education and defined in § 1201(A) of the Higher Education Act of 1965). (6) No training services in institutions of higher education shall be paid for with Vocational Rehabilitation Program funds unless maximum efforts have been made to secure grant assistance and financial aid from other sources. Matters related to payment or student loan default must be resolved and evidence of financial aid determinations must be provided to the Commission prior to obligation of Commission funds. (7) College and junior college vocational training services shall be provided only at Commonwealth of Massachusetts public institutions unless the training services are: (a) not available to the individual at a Commonwealth of Massachusetts public institution; and (b) approved by officials designated by the Commission. (8) Graduate Level vocational training and related vocational rehabilitation services shall not be provided unless a baccalaureate degree does not enable: (a) the eligible individual to attain an employment outcome; and (b) a graduate level vocational training program has been approved by officials designated by the Commission. (9) The tuition, fees, and expenditures for books which the Commission may pay for vocational training of an individual determined eligible for vocational rehabilitation services at any institution of higher education in any fiscal year and for the entire duration of a program of vocational trade or technical skills training shall not exceed the maximum grant amount periodically determined by the Commission. For part-time training the Commission may provide an annual grant, prorated to the annual maximum grant amount, in proportion to the individual's course credits. The maximum amount which the Commission may authorize and expend for tuition, fees, and payments for books in an institution of higher education, or for a program of vocational trade or technical skills training may be exceeded only as approved by an official designated by the Commission. Maximum grant amount may be waived onlywhen all applicable regulatory requirements have been met and when training programs specified in the IPE cannot be continued or will be delayed. The Commission may review and adjust the maximum grant amount periodically. (10) The Commission will encourage eligible individuals attending institutions of higher education to take advantage of Student Work-study Programs, Student Loan Programs, and Social Security Administration Plan for Achieving self-support (PASS). (11) The Commission may not obligate or expend funds for ordinary consumable training supplies. In addition to tuition, fees and expenditures for books, the Commission may pay up to a maximum dollar limit per semester as established by the Commission, for specialized training materials required to complete training for a particular occupation as described in the IPE. In circumstances where it is not possible for the individual determined eligible for vocational rehabilitation services to complete a course of study within the maximum payment this limit may be waived by the District Director. The Commission may review and adjust the dollar limit periodically. (12) The term on-the-job training services means the occupational skills training provided by an employer to an individual to enable the individual to develop the skills necessary for employment in a specific occupation or trade. A formal written agreement between the Commission, the employer, and the individual must specify the training to be provided, the duration of the program, and the hourly rate to be paid by the Commission to the employer for on-the-job training services. The formal agreement must also stipulate that the employer will pay wages and benefits to the individual commensurate with the job duties and that, after successful completion of the training, the employer will make a reasonable effort to continue the individual in employment. The employer will be paid for supervised skill development, which is beyond the supervision customarily provided to an employee at a unit rate from a minimum unit of one hour per day to a maximum of eight hours per day. The maximum unit rate will not exceed the established hourly wage and the number of hours of the assigned employee training the individual. Lower fees may be negotiated with the employer. (13) The duration of on-the-job training services shall be determined on a case by case basis by the individual, the Commission and employer, but must not exceed a maximum of six months unless the area office director decides that there are exceptional circumstances which warrant a waiver. When on-the-job training services are provided for a period longer than six months the employer shall receive, beginning on the first day of training in the seventh month, a daily fee not to exceed 50% of the fee paid during the first six months.