Section 40. Commission approval of training other than that under Section 134 of the Workforce Investment Act or Section 2296 of the Trade Act

A. Training shall be approved for an eligible claimant under the provisions of § 60.2-613 of the Code of Virginia only if the commission finds that:

1. Prospects for continuing employment for which the claimant is qualified by training and experience are minimal and are not likely to improve in the foreseeable future in the locality in which he resides or is claiming benefits;

2. The proposed training course of instruction is vocational or technical training or retraining in schools or classes that are conducted as programs designed to prepare an individual for gainful employment in the occupation for which training is applicable. The training course shall require a minimum of 30 hours attendance each week;

3. The proposed training course has been approved by an appropriate accrediting agency or, if none exists in the state, the training complies with quality and supervision standards established by the commission, or is licensed by an agency of the state in which it is being given;

4. The claimant has the required qualifications and aptitude to complete the course successfully;

5. The training does not include programs of instruction which are primarily intended to lead toward a baccalaureate or higher degree from an institution of higher education.

B. Benefits may be paid to an otherwise eligible claimant while he is attending training only if the commission finds that the claimant is enrolled in and regularly attending the course of instruction approved for him by the commission.

C. A claimant shall request training approval on forms provided by the commission. The claimant's enrollment and attendance shall be reported to the commission periodically as directed by the commission.

Historical Notes

Derived from VR300-01-6 § 4, eff. December 14, 1994; amended, Volume 18, Issue 26, eff. November 3, 2002.

Statutory Authority

§ 60.2-111 of the Code of Virginia.