1. (a) Criteria the facility must meet. In addition to approval of the courses offered, all facilities which provide training and rehabilitation services under Chapter 31 must meet the criteria contained in §§ 21.290 through 21.299 applicable to the type of facility. Each facility must:

   1. (1) Have space, equipment, instructional material and instructor personnel adequate in kind, quality, and amount to provide the desired service for the veteran;
   2. (2) Fully accept the obligation to give the training or rehabilitation services in all parts of the plan which call for the facility's participation;

   3. (3) Provide courses or services which:

      1. (i) Meet the customary requirements in the locality for employment in the occupation in which training is given when employment is the objective of the program; and
      2. (ii) Meet the requirements for licensure or permit to practice the occupation, if such is required;

   4. (4) Agree:

      1. (i) To cooperate with VA, and
      2. (ii) To provide timely and accurate information covering the veteran's attendance, performance, and progress in training in the manner prescribed by VA.

2. (b) Selecting a facility for provision of independent living services.

   1. (1) Facilities offering independent living services will be utilized to:

      1. (i) Evaluate independent living potential;
      2. (ii) Provide a program of independent living services to veterans for whom an IILP (Individualized Independent Living Plan) has been developed; or
      3. (iii) Provide independent living services to veterans as part of an IWRP (Individualized Written Rehabilitation Plan) or an IEEP (Individualized Extended Evaluation Plan).

   2. (2) VA may use public and nonprofit agencies and facilities to furnish independent living services. Public and nonprofit facilities may be:

      1. (i) Veterans Health Administration (VHA) facilities that provide independent living services;
      2. (ii) Facilities which meet standards established by the State rehabilitation agency for rehabilitation facilities or for providers of independent living services;
      3. (iii) Facilities which are neither approved nor disapproved by the State rehabilitation agency, but are determined by VA as able to provide the services necessary in an individual veteran's case.

   3. (3) VA also may use for-profit agencies and organizations to furnish programs of independent living services only if services comparable in effectiveness to those provided by for-profit agencies and organizations:

      1. (i) Are not available through public or nonprofit agencies or VHA; or
      2. (ii) Cannot be obtained cost-effectively from public or nonprofit agencies or VHA.

   4. (4) In addition to the criteria described in paragraph (b)(3)(i) of this section for public and private nonprofit agencies; for-profit agencies and organizations must meet any additional standards established by local, state (including the State rehabilitation agency), and Federal agencies which are applicable to for-profit facilities and agencies offering independent living services.

      (Authority: 38 U.S.C. 3115, 3120)

3. (c) Use of facilities. VA policy shall be to use VA facilities, if available, to provide rehabilitation services for veterans in a rehabilitation program under chapter 31. Non-VA facilities may be used to provide rehabilitation services only when necessary services are not readily available at a VHA facility. This policy shall be implemented in accordance with the provisions of paragraph (b) of this section in the case of the use of for-profit facilities to provide programs of independent living services, or in the case of employment services, provision of such services by non-VA sources is permitted under § 21.252.

   (Authority: 38 U.S.C. 3115)

4. (d) Selection of individual to provide training or rehabilitation services. Persons selected to provide individual instruction or other services as part of a program leading to the long-range goal of a veteran's plan must meet one of the following criteria:

   1. (1) State requirements for teaching in the field or occupation for which training is being provided; or
   2. (2) Expertise demonstrated through employment in the field in which the veteran is to be trained; or
   3. (3) Requirements established by professional associations to provide the services needed by the veteran.
5. (e) Relatives. Relatives of the veteran may not be selected to provide services, even if otherwise qualified, unless such use is specifically permitted by VA regulation governing provision of the service. Selection of a training or rehabilitation facility owned by the veteran or a relative, or in which the veteran or a relative of the veteran has an interest is precluded, except for selection of a farm as provided in § 21.298. The term relative has the same meaning as in § 21.374.

6. (f) Contracts or agreements required. The Department of Veterans Affairs will negotiate formal contracts for reimbursement to providers of services as required by § 21.262. However, a letter contract will be effected immediately to permit the induction of the veteran into a program if:

   1. (1) The veteran is immediately entered into a school with which a contract is required;
   2. (2) The veteran's rehabilitation plan will be jeopardized by withholding services until a contract can be completed; and

   3. (3) There are no known reasons to indicate that a contract may not be completed in a reasonable time.

      (Authority: 38 U.S.C. 3115)

7. (g) Training outside the United States. VA may only use those facilities and courses outside the United States to provide training under Chapter 31 which meet requirements for approval under §§ 21.4250(c) and 21.4260. The conditions under which training outside the United States may be approved are contained in § 21.130.

   (Authority: 38 U.S.C. 3114)

8. (h) Flight training. Flight training may only be provided in educational institutions which offer a standard college degree. The specific conditions under which flight training may be approved are contained in § 21.134.

   (Authority: 38 U.S.C. 3115)

9. (i) Additional consideration. The case manager will consider the veteran's preference for a particular training or rehabilitation facility but VA has final responsibility for selection of the facility.

   (Authority: 38 U.S.C. 3115)

[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985, as amended at 53 FR 50958, Dec. 19, 1988; 55 FR 42187, Oct. 18, 1990; 62 FR 17709, Apr. 11, 1997]