38 U.S.C. § 1804 — Vocational training and rehabilitation
submitted 30 years ago by Pub. L. 104-204 to r/title-38-VETERANS-BENEFITS · 483 words · no verdicts yet
The Secretary may provide vocational training to an eligible child of a Vietnam veteran with spina bifida when a vocational goal is reasonably feasible. The program must be individualized, has time limits, and cannot overlap or exceed the combined limits with chapter 35 assistance.
(a) Under regulations, the Secretary* may provide vocational training to a child* of a Vietnam veteran* with spina bifida if the Secretary finds achieving a vocational goal reasonably feasible. (b) Each program must (1) be designed with the child to meet individual needs, (2) be in a written individualized vocational-rehabilitation plan, and (3) be designed before the date in subsection (d)(3) so it can start then. (c)(1) It must include services and help, including placement, post-placement, and personal and work-adjustment training, needed to prepare the child for and allow participation in training or employment. It may include higher-education study if predominantly vocational. (2) It may not provide a loan, subsistence allowance, or automobile adaptive equipment. (d)(1) Except as paragraph (2) and subsection (e)(2) allow, it may last no more than 24 months. (2) The Secretary may extend it up to 24 more months if needed for a vocational goal identified in the written plan before the first 24 months end. (3) It may start on the child’s 18th birthday or successful secondary-school completion, whichever comes first. If the child is older than the compulsory-school age under State* law and the Secretary finds an earlier start is in the child’s best interest, it may start before age 18. (e)(1) A child also eligible under chapter 35 may not receive both programs at once and must choose one in the Secretary’s required form and manner. (2) Total assistance under this section and chapter 35 may not exceed 48 months, or its part-time equivalent.
Pursuant to such regulations as the Secretary* may prescribe, the Secretary may provide vocational training under this section to a child* of a Vietnam veteran* who is suffering from spina bifida if the Secretary determines that the achievement of a vocational goal by such child is reasonably feasible.
Any program of vocational training for a child under this section shall—
be designed in consultation with the child in order to meet the child’s individual needs;
be set forth in an individualized written plan of vocational rehabilitation; and
be designed and developed before the date specified in subsection (d)(3) so as to permit the beginning of the program as of the date specified in that subsection.
A vocational training program for a child under this section—
shall consist of such vocationally oriented services and assistance, including such placement and post-placement services and personal and work adjustment training, as the Secretary determines are necessary to enable the child to prepare for and participate in vocational training or employment; and
may include a program of education at an institution of higher learning if the Secretary determines that the program of education is predominantly vocational in content.
A vocational training program under this section may not include the provision of any loan or subsistence allowance or any automobile adaptive equipment.
Except as provided in paragraph (2) and subject to subsection (e)(2), a vocational training program under this section may not exceed 24 months.
The Secretary may grant an extension of a vocational training program for a child under this section for up to 24 additional months if the Secretary determines that the extension is necessary in order for the child to achieve a vocational goal identified (before the end of the first 24 months of such program) in the written plan of vocational rehabilitation formulated for the child pursuant to subsection (b).
A vocational training program under this section may begin on the child’s 18th birthday, or on the successful completion of the child’s secondary schooling, whichever first occurs, except that, if the child is above the age of compulsory school attendance under applicable State* law and the Secretary determines that the child’s best interests will be served thereby, the vocational training program may begin before the child’s 18th birthday.
A child who is pursuing a program of vocational training under this section and is also eligible for assistance under a program under chapter 35 of this title may not receive assistance under both such programs concurrently. The child shall elect (in such form and manner as the Secretary may prescribe) the program under which the child is to receive assistance.
The aggregate period for which a child may receive assistance under this section and chapter 35 of this title may not exceed 48 months (or the part-time equivalent thereof).
Source credit: (Added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2924; amended Pub. L. 105–114, title IV, § 404(c), Nov. 21, 1997, 111 Stat. 2295; Pub. L. 108–183, title VII, § 708(a)(3), Dec. 16, 2003, 117 Stat. 2673.)
- 1996Enacted · Pub. L. 104-204 · 110 Stat. 2924
- 1997Amended · Pub. L. 105-114 · 111 Stat. 2295
- 2003Amended · Pub. L. 108-183 · 117 Stat. 2673
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-204 on 1996-09-26.
all 0 arguments · sorted by: best
no arguments yet — make the first case