Current through 2024-44, October 30, 2024
Section 597-1-7 - SIX CRITERIA FOR APPROVAL OF TRAININGIn developing an Individual Service Strategy (employment plan) the CareerCenter Case Manager shall ensure that the following criteria are met and documented:
1. There is no suitable employment available for the adversely affected individual. A. The assessment, Individual Service Strategy, case notes, financial information and job search activities report forms shall completely summarize the information regarding the individual's current skills, work and educational history, current financial status, physical and mental capabilities, interests, aptitudes, and capabilities and how this information relates to the demands of the current labor market.B. At the time of the request for training for an individual, there is no suitable employment available for that individual, either in the commuting area, or outside the commuting area in which the individual desires to relocate with the assistance of the relocation allowance. In addition, there is no reasonable prospect of suitable employment becoming available for the individual while he/she is receiving unemployment benefits.2. The individual would benefit from appropriate training. A. There must be direct correlation between the needs of the individual for skills training or remedial education and what would be provided by the training program under consideration, and that the individual has the mental and physical capabilities to undertake, make satisfactory progress and complete the training. Further, this implies the individual will be job ready on completion of training.B. Approval of training will only be made for occupations in which an identifiable demand is expected to exist in the labor market at the completion of training.3. There is reasonable expectation of employment following completion of training. A. Given the job market conditions expected to exist at the time of the completion of the training program, there is a reasonable expectation that the individual will find a job, using the skills acquired while in training. The following factors may be considered in determining whether a reasonable expectation exists regarding the likelihood of gaining suitable employment:(1) a comparison of past wages and the forecast of earnings upon completion of training;(2) labor market analysis of projected employment potential of stated job goal;(3) assessment of present skills and the potential of training success; and(4) a review of available training options.B. This rule does not require that employment opportunities for the individual be available or offered immediately upon the completion of the approved training.C. The training shall be of suitable duration to achieve the desired skill level in the shortest possible time.4. Training approved by the CareerCenter Case Manager is reasonably available to the individual from eligible training providers.A. The training approved should be reasonably available to the individual from either government agencies or private sources.B. Suitable training should also be reasonably accessible to the individual within the individual's commuting area, including on-the-job training with an employer. Although the emphasis is on training within the commuting area, it does not preclude training outside the commuting area, if none is available at the time within the individual's commuting area. Whether the training is available within or outside the commuting area, the training must be available at a reasonable cost.C. Consideration shall always first be given to the lowest cost training that is available within the commuting area if more than one program is available that offers training of substantially similar quality, content and results and can be completed within a similar time frame. If similar training for suitable employment is offered at more than one training facility, the lowest cost training shall be approved.5. The individual must be qualified to undertake and complete such training. In making this determination, the individual's personal qualifications shall be assessed, including the individual's own physical and mental capabilities, educational background, work experience and financial resources in relation to the specific training program being considered. A. The individual shall be evaluated to determine qualification to undertake the specific training program being considered and to complete the training successfully. Preferred evaluation tools include assessment tools such as the O'Net Career Exploration Tools, CASIS, Accuplacer, TABE, and GATB.B. Evaluation of the individual's financial ability to complete training should include an analysis of the individual's remaining weeks of unemployment benefits and TRA payments in relation to the duration of the training program. If the individual's unemployment benefits and TRA payments are exhausted before the end of the training program, the CareerCenter Case Manager shall ascertain whether personal or family resources or other resources are sufficiently available to enable the individual to complete the training. This includes a consideration of financial aid resources that may be available if TAA assists with tuition and fees. The individual shall be given the opportunity to demonstrate that personal, family or other resources are reasonably available to the individual to allow him/her to complete the training.(1) The CareerCenter Case Manager shall document in the individual's record what financial resources were identified to carry the individual through the training program before the training is approved.(2) If adequate financial resources will not be available to the individual to complete the training program being considered the training shall not be approved, and other shorter term training opportunities shall be discussed with the individual.6. Training is available at a reasonable cost. If the training is determined to be suitable for the individual, a determination must also be made as to whether it is available at a reasonable cost, as defined in this Chapter, in order for the training to be approved.12- 597 C.M.R. ch. 1, § 7