Section 856.45 - Vocational and Other Training Services(a) The Vocational Rehabilitation Division (VRD) purchases vocational and other training services for customers who require additional knowledge or skills to enter employment consistent with their aptitudes and ability, and compatible with their physical or mental impairments.(b) VRD purchases vocational and other training services through an appropriate facility. These facilities include accredited colleges and universities, certified public or private businesses, technical and vocational schools, on-the-job training, correspondence course training, tutorial training, and community rehabilitation program training.(c) Academic training in institutions of higher education (universities, colleges, community or junior colleges, vocational schools, technical institutes, or hospital schools of nursing) is subject to the following: (1) Academic training in proprietary vocational schools and technical institutes must be provided only in schools that are licensed or certified by the Agency on the Licensed Career Schools and Colleges Directory website, the Eligible Training Provider System website, or another regulatory agency, before including the training on the individualized plan for employment.(2) No vocational rehabilitation (VR) funds may be used to pay for academic training unless VRD and the customer have made maximum efforts to secure grant assistance in whole or in part from other sources to pay for the training.(3) The PELL grant, like any other comparable services and benefits, must be applied to the educational process before the expenditure of VRD funds for services under this section. Services must not be denied pending receipt of a PELL grant, but must be contingent upon the customer's making application if eligible.(4) Academic training must be provided through public, tax-supported colleges and universities in Texas unless: (A) a specific curriculum related to the customer's academic major is not available at a Texas public institution;(B) academic training elsewhere is determined to be more economical; or(C) academic training elsewhere provides specialized services needed by the customer.(5) If the customer chooses to obtain academic training at a private college or university in Texas or at a college or university outside Texas and the provisions in paragraph (4) of this subsection do not apply, academic support must be limited to that which the customer would receive if he or she attended a state-supported college or university in Texas, unless the customer is a recipient of Social Security benefits, either Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).(6) A customer who is blind, does not meet the residency requirements of a particular institution, and is not eligible for tuition exemption under Texas Education Code, § 54.364 may receive VRD tuition assistance based on the customer's economic need. Unless the customer is a recipient of Social Security benefits, either SSI or SSDI, payments must not exceed the tuition paid for a customer who does meet the residency requirements.(7) Tuition and fee exemption is an exemption from payment of tuition and/or required fees normally charged by a state-supported college or university. Required fees include student services, building use, health center use, lab fees, and property deposits not reimbursable to the student. Required fees do not include optional fees.(8) Any equipment purchased for the customer during academic training must be needed by the customer to help maintain academic success so that the customer can meet the employment outcome.(9) Once admitted to academic training: (A) the customer must maintain and complete a full-time course load as defined by the school or educational institution. This requirement may be waived if: (i) the customer is a graduating senior;(ii) the customer is an incoming freshman (first two semesters or quarters);(iii) the customer is a returning adult (first academic year only);(iv) the customer is in summer school; or(v) other extenuating circumstances prevent the customer from participating in a full-time course load; and(B) the customer is required to meet with the VR counselor at least once each semester, to submit add or drop slips as changes occur, and to provide grade slips or transcripts to the VR counselor at the end of each semester.(d) VRD requires that each customer who is provided with vocational or other training services by VRD apply for financial assistance where reasonably available. This assistance can include federal, state, or local grants-in-aid and private scholarships where applicable. If the customer has not done so before the time of application for vocational rehabilitation services, the VR counselor assists the customer in doing so.40 Tex. Admin. Code § 856.45
The provisions of this §856.45 adopted to be effective December 10, 2012, 37 TexReg 9651; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; Amended by Texas Register, Volume 42, Number 44, November 3, 2017, TexReg 6198, eff. 11/8/2017; Amended by Texas Register, Volume 47, Number 51, December 23, 2022, TexReg 8742, eff. 12/26/2022