Missouri Code of State Regulations › Title 5 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Division 20 - Division of Learning Services › Chapter 500 - Office of Adult Learning and Rehabilitation Services › Section 5 CSR 20-500.350 - Standards for the Approval and Continued Approval of On-the-Job Training for the Training of Veterans

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates and adds language in
				  accordance with U.S. Code and state statute and incorporates by reference
				  applicable federal regulations.
PURPOSE: The State Board of Education has the
				  authority to establish a state approving agency and standards for approval and
				  continued approval of on-the-job training for the training of veterans or
				  eligible persons (Reference: 38, United States Code 3677 and section
				  161.172, RSMo). These standards
				  will serve as a guide for those business establishments desiring to provide
				  training for veterans and for the Office of Adult Learning and Rehabilitation
				  Services as the state approving agency in the approval of the
				  courses.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Approval will not be granted for training
				in occupations that require a relatively short period of experience for a
				trainee to obtain and hold employment at the market wage in the occupation.
				This includes occupations such as automobile service station attendant or
				manager, food service worker, salesman, window washer, building custodian, or
				other unskilled or common labor positions as well as clerical positions for
				which on-the-job training is not the normal method of procuring qualified
				personnel.
(2) An application will
				be approved when the training establishment and its positions are found, upon
				investigation, to have met these standards:
(A) The job which is the objective of the
				training is one in which progression and appointment to the next higher
				classification are based upon skills learned through organized training on the
				job and not on such factors as length of service and normal turnover. Approval
				will not be granted for supervisory or managerial positions where the normal
				method of obtaining the position is by selection based on such factors as
				experience, demonstrated ability, education and longevity;
(B) The training content of the position is
				adequate to qualify the veteran for appointment to the job for which he or she
				is to be trained;
(C) The job
				customarily requires a period of training of not less than six (6) months and
				not more than two (2) years of full-time training;
(D) The length of the training period is no
				longer than that customarily required by the training establishments in the
				community to provide the veteran with the required skills, job knowledge, and
				technical information that the veteran needs to become competent on the job for
				which he or she is being trained. Appropriate credit must be given to veterans
				who have had prior experience or training, with the training period shortened
				proportionately and the individual's wage schedule adjusted
				accordingly;
(E) Provision is made
				for related instruction for the individual veteran who may need it;
(F) There is in the training establishment
				adequate space, equipment, instructional material and instructor personnel to
				provide satisfactory training on the job;
(G) Adequate records are kept to show the
				progress made by each veteran toward his or her job objective;
(H) The veteran is not already qualified by
				training and experience for the job;
(I) The wages to be paid to the veteran upon
				entrance into training are not less than wages paid to nonveterans in the same
				training position and are at least fifty percent (50%) of the wages paid for
				the job for which he or she is to be trained and the same rate as any
				individual starting the position with the same experience. Wages will be
				increased in regular periodic increments until, not later than the last full
				month of the scheduled training period, they will be at least eighty-five
				percent (85%) of the wages paid for the job for which the veteran is being
				trained.
1. Wages based solely on piece work,
				job rates, or commissions are not acceptable.
2. Beginning wages and increases shown in the
				approved wage schedule are considered minimum wages that must be paid to
				trainees making satisfactory progress; otherwise, the veteran's benefits must
				be interrupted or terminated.
3.
				Trainees may be paid at rates that are higher than the rates shown in the
				approved wage schedule except that a veteran's training benefits must be
				terminated when he or she is paid at or above the rate that is the approved
				"wage at completion of program";
(J) There is a reasonable certainty that the
				job for which the veteran is to be trained will be available to him or her at
				the end of the training period; and
(K) A signed copy of the training agreement
				for each veteran, including the training program and wage schedule as approved
				by the state approving agency, is provided to the veteran and the VA and the
				state approving agency by the employer.