GUIDE SHEET 10

APPROVED TRAINING

The Federal Unemployment Tax Act, Section 3304(a)(8), requires that compensation shall not be denied to an individual for any week because the claimant is in training with the approval of the SESA or because of the application, to any such week in training, of State law provisions related to availability for work, active search for work, or refusal to accept work.

This law is designed to encourage claimants to attend training which will enhance their reemployment opportunities. State law defines what constitutes approved training.

Because a State acknowledges the benefits of retraining, particularly for displaced or long term unemployed workers, requirements for seeking work, refusing work or a referral to work, and other eligibility requirements are waived by the State. Training must be approved when any eligible individual is participating in any training (except on- the- job training) authorized under Title III of the Job Training Partnership Act (at 20 CFR 631.4 and Section 314(f)(2), JTPA). A determination written for JTPA, Title III training is not countable.

Most States require that the training the claimant is pursuing will be of short- term duration but sufficient to get the claimant ready for a new job in an occupation for which a recurring demand exists. Inquiry is made of the claimant as to the type of training being pursued, its duration, and the prospects of the claimant obtaining a job which is suited to the training.

Information is also obtained from the training facility or learning institution describing the training curriculum, the duration of the training, and evidence that the training facility is approved by the State's accrediting or certifying agency, e.g., a State Board of Education or a State Board of Vocational Training. Many SESAs retain master lists of State approved training facilities. Approval of training is not restricted solely to intrastate claimants. For interstate claimants, the liable State should rely on the recommendation of the agent State since the agent State is usually in a better position to know the individual's situation and its own labor market. Further, if States limit training to State certified institutions, they must provide for the approval of training taken at an institution certified by the State Board of Education or similar entity in the State in which the institution is located.

BASIC QUESTIONS AND FACTORS TO CONSIDER

A. IS THE TRAINING FACILITY APPROVED BY THE SESA?

It is necessary to determine if the training is approved by the SESA. SESAs generally have lists of State approved training facilities and claimants' attendance is generally not an issue. There are occasions, however, when the SESA must seek a ruling from the appropriate certifying board in the State verifying that the facility meets the State's requirements as an accredited institution.

B. IS THE TRAINING LIKELY TO RELIEVE THE CLAIMANT'S UNEMPLOYMENT?

1. It should be established, based on the claimant's past work history, whether or not the training will be beneficial to the claimant and facilitate his/her return to employment in an occupation where there is a recurring demand. The claimant's work history and other skills or educational background should be reviewed if the training being pursued is appropriate within the training policy guidelines established by the SESA.

2. The claimant's employment background and current labor market conditions for employment in the claimant's occupation should be explored to determine if:

• The claimant's occupational skill is obsolete or is in limited demand because of a declining industry.
  
  
• The individual has some transferrable skills and the additional short-term training would make reemployment more likely.
  
  

C. WHAT ARE THE SESA'S CRITERIA FOR APPROVAL OF THE

TRAINING?

1. It must be established that the training meets the approval criteria set by the SESA. Is the training accredited by the appropriate accreditation agency of the State? In the absence of accreditation, does the training facility comply with SESA requirements for curriculum quality and supervision of trainees?

2. Investigation of the claimant's experience, coupled with information about the standing and substance of the training facilities curriculum, should provide a basis for an objective and fair determination.

It is important to establish when the claimant started the training. Eligibility for benefits while in training may be adversely affected if the claimant entered training prior to establishing a claim for benefits. Also, training benefits may be terminated if a claimant fails to maintain a specified achievement and attendance requirements.

Factfinding

A. STANDING OF TRAINING FACILITY

1. Is training facility approved?

• State Board of Education
  
  
• State Board of Vocational Training
  
  
• Other recognized accreditation agencies
  
  
• Curriculum quality
  
  
• Supervision of trainees
  
  
• Extent of training facility's compliance with SESA documentation requirements
  
  

B. BENEFICIAL EFFECT OF TRAINING ON CLAIMANT'S REEMPLOYMENT?

• Claimant's work/educational/vocational background
  
  
• Training for demand/growth occupation
  
  
• Skills/aptitude (may be available from ES)
  
  
• Curriculum being offered
  
  
• Length of training (start/end dates)
  
  
• Verification of demand occupation with ES/LMI
  
  
• Claimant's current skills vs. labor market demand
  
  
• Claimant's anticipated skills vs. labor market demand