TN 36 (05-12)

Citations:

20 CFR 416.201

A. Who is considered a resident of a public institution

Even though a recipient may be living in a public institution, we do not consider the recipient a “resident of a public institution” for purposes of determining eligibility or ineligibility if he is participating in an educational or vocational training program as described in this section.

B. Definitions used in ED/VOC training

1. Educational or Vocational (ED/VOC) Training

Educational or Vocational training is training that teaches skills, which could prepare the recipient for a work environment (sheltered or competitive).

Training such as elementary reading, learning to tell time, learning to count money, typing, and similar courses or programs that teach skills that could prepare the recipient for a work environment (sheltered or competitive) meet the definition of ED/VOC training.

Training that consists solely of teaching such skills or concepts as self-feeding, dressing, learning how to keep a room clean, or how to get along with others does not qualify as ED/VOC.

2. Gainful employment

For the purpose of determining exception to the status as a resident of a public institution only, the term “gainful employment” includes employment in a sheltered workshop setting, even if the level of supervision or assistance in the performance of job related tasks is greater than that of unimpaired recipients.

3. Approved program

1. To qualify as an approved program for the ED/VOC exception, a program must have:

   • received public funds earmarked for educational or vocational training or preparation for such training from the Federal, State, or local government or political subdivision;

   • been approved by a Federal, State, or local educational or vocational training agency;

   • been accredited by a State-recognized or nationally recognized accrediting agency;

   • its credits or records of completed training accepted on transfer on the same basis as other educational or vocational training programs by not less than three other programs that are recognized.

2. Examples of approved programs include preschool, kindergarten, elementary, secondary, vocational, college, and university programs. These include programs that provide academic or vocational training with a goal of gainful employment as well as programs that are clearly preparatory to academic or vocational training (e.g., prevocational evaluation, behavior modification in specific preparation for academic schooling, etc.).

C. Policy for residency status for ED/VOC consideration

1. Who is not a resident (ED/VOC)

Do not apply the status of “resident of a public institution” if:

1. a recipient:

   • lives in a public institution; but

   • is there primarily to receive ED/VOC training; and

   • is participating in an approved ED/VOC training program; and

2. the approved program’s purpose is to prepare the recipient for gainful employment.

2. Further considerations

Apply the following considerations to determine ED/VOC status.

1. There is no age limitation and there is no requirement to meet the definitions of “student,” see SI 00501.020C for definition of student. For definition of “child”, see SI 00501.010.

2. The exception to resident status based on ED/VOC training does not apply to residents of penal institutions.

3. All programs that have been determined to be “educational institutions” for the purpose of title II student child benefit entitlement meet the requirement of being an approved program.

4. Generally, ED/VOC designs the training that is part of a rehabilitation plan formulated by the State vocational rehabilitation (VR) agency to prepare the recipient for gainful employment. However, this is not the case if the only vocational objective of a VR plan is the attainment or improvement of functional self-sufficiency such as homemaking capabilities.

D. Procedure for determining a program's educational or vocational status

• If the recipient is participating in a training program as a VR client, contact the VR agency to verify the occupational goal of the recipient's plan. Whenever possible, obtain the information from the VR agency by telephone and record the reply on a report of contact. When telephone contact is not possible, request the information in writing.

• If the recipient is not a VR client, evaluate the training program with regard to whether it meets all requirements for ED/VOC.

Document the file with a written assessment of the program and copies of any appropriate supporting documents.

E. Procedure for determining primary purpose of stay

1. For medical confinement

1. Consider the recipient's stay to be for a medical confinement when:

   • the recipient is an inpatient in an institution,

   • part of an institution that is licensed or otherwise approved by a Federal, State, or local government to provide medical services,

   • and the recipient is in the institution for the primary purpose of receiving medical services.

2. Document the file with a report of contact or copies of other appropriate documents to support this finding.

2. For ED/VOC training

1. Consider the recipient's stay to be primarily for ED/VOC training when:

   • the recipient is enrolled in a recognized study program that is designed to prepare him for gainful employment; and

   • special ED/VOC training services needed for the particular recipient are not available to him outside the institution;

   • a special educational or vocational board of education, or VR agency makes or requests placement in the nonmedical institution; or

   • the recipient's home school district, board of education, or VR agency pays for all or part of the recipient's room and board in the nonmedical institution.

2. Document the file with reports of contacts or copies of other appropriate documents to support your finding.