Section 2865.130 Director's Approval of Training

Section 2865

Section 2865.130  Director's

Approval of Training

An individual shall not be

deemed unavailable for work or to have failed actively to seek work with

respect to any week, because he or she is enrolled in and is in regular

attendance at a training course approved for him or her by the Director

(see

Section 500C5 of the Act)

.

a)         The following criteria must be satisfied in order for a

training course to be approved for an individual by the Director:

1)         The training course shall relate to an occupation or skill for

which there are, or are expected to be in the immediate future, reasonable work

opportunities in the locality.  This means that:

A)        The training course must be vocational or provide the

individual with skills essential for the performance of work in a specific

occupation;

EXAMPLE:  The

Director shall not approve classes designed solely to provide an individual

with a high school equivalency diploma since this would not enhance

opportunities in a specific occupation.  However, the Director shall approve

courses of study that include some purely academic courses if that course work

is secondary to the vocational aspects.

B)        The course must be designed to facilitate the individual's

reemployment in a reasonably expeditious manner; however, the Director shall

not approve courses of study of more than one year in duration;

C)        The course must focus on providing the individual with the

competency necessary for securing entry level employment in the selected

occupation; and

EXAMPLE:  The

Director shall not approve training for the purpose of allowing an individual

to improve his marketability (i.e., a bookkeeper who wishes to become an

accountant).  If there exists a reasonable job market for bookkeepers in the

individual's locality, the Director will not approve training that enhances the

claimant's already marketable skills

ent in the selected

occupation; and

EXAMPLE:  The

Director shall not approve training for the purpose of allowing an individual

to improve his marketability (i.e., a bookkeeper who wishes to become an

accountant).  If there exists a reasonable job market for bookkeepers in the

individual's locality, the Director will not approve training that enhances the

claimant's already marketable skills.

D)        The course must consist of at least 12 hours per week of

instruction from a competent and reliable training agent.  This minimum of 12

hours of instruction must include contact between the student and the

instructor.  The contact could result from classroom training, laboratory

instruction or tutoring.

2)         The training course must be offered by a competent and

reliable agency, educational institution or employing unit.

3)         Work opportunities for which the individual is qualified by

training and experience are limited or do not exist in the individual's locality.

EXAMPLE:  If

the individual is a trained and certified nurse's aide, the Director shall not

approve training to become a registered nurse if reasonable openings exist in

the individual's locality for nurse's aides, even if the individual is

dissatisfied with her present occupation.

4)         The individual has the qualifications and aptitude to complete

the course successfully.

5)         The enrollee is not a recipient nor eligible for subsistence

payments or similar assistance under any public or private retraining program

se if reasonable openings exist in

the individual's locality for nurse's aides, even if the individual is

dissatisfied with her present occupation.

4)         The individual has the qualifications and aptitude to complete

the course successfully.

5)         The enrollee is not a recipient nor eligible for subsistence

payments or similar assistance under any public or private retraining program.

b)         Notwithstanding subsection (a), a training course is approved

for an individual by the Director for the purposes of Section 500C of the Act

if:

1)         both the training course and the individual's participation in

the training course are approved under Title I of the federal Workforce Innovation

and Opportunity Act (29 USC 3101 et seq.) by a One Stop Delivery System (see 20

CFR 662.100);

2)         the course is part of a program authorized pursuant to the Workforce

Innovation and Opportunity Act or other federal legislation establishing an

employment and training program;

3)         the criteria on the basis of which a One Stop Delivery System approves

the course under Title I of the Workforce Innovation and Opportunity Act include

criteria consistent with Section 500C5(a)(2) and (3) of the Act;

4)         the criteria on the basis of which a One Stop Delivery System approves

an individual's participation under Title I of the Workforce Investment Act in

the course include criteria consistent with Section 500C5(a)(1) and (2) of the

Act; and

5)         the course is not disapproved by reason of Section 500C5(a)(5)

of the Act.