Massachusetts General Laws (G.L.) 151A §30(c) and 430 Code of Massachusetts Regulations (CMR) 9.00 allows claimants to receive UI benefits while enrolled in approved training. For the full text of 430 CMR 9.00 please click here (2009). 2016 regulations are currently being written.
The general goal of G.L. c. 151A, §30(c) is to allow claimants to acquire the new skills in order to become re-employed. TOP allows DUA to waive your active work search. This allows a claimant the flexibility to attend school full-time, with the goal of obtaining a quality job once the training is complete. 430 CMR 9.00 sets forth the requirements that training programs must meet to be approved by DUA, as well as the procedures that claimants must follow when submitting training applications to DUA for approval.
Additionally, 430 CMR 9.00 describes the conditions under which a claimant may be eligible to receive an extension of benefits up to 26 times his/her benefit rate if the training extends beyond the usual 26 weeks of benefits in Massachusetts.
430 CMR 9.05 Approval of Training Programs:
Schools seeking approval under 430 CMR 9.05 must submit a training provider application that meets the following requirements:
A. Training must prepare the claimant for marketable skills in a demand occupation, in the claimant's Labor Market Area (LMA), or any other LMA to which the claimant wishes to relocate or commute.
B. Training programs must meet certain measurable standards as set forth in 430 CMR 9.05(2) (a) through (e).
- Achieved, or if a new program show reasonable expectation of achieving, an average placement rate in full or part-time (20 hours per week or more) training related employment of 70% during the most recent 12 month period for which such data is available, except that if the state-wide unemployment rate is greater than 7.0% at the application, the placement rate shall be no less than 60% during the recent 12 month period for which such data is available.
- Be a full-time course, providing a minimum of at least 20 hours of supervised classroom training per week; provided, however, that:
- If the program is offered by a community college, college, or university, this requirement shall be met if the program provides a minimum of 12 credits each semester or equivalent; provided that:
- If the program is offered as part practicum or internship and part classroom hours, the program will be approved only for the time needed to complete state or federal certification or licensing requirements, or the time deemed necessary by DUA to allow the claimant to become employable in the occupation for which the training has been provided.
- Must be completed within two years, except that this time limit may be extended to a maximum of 3 years if the program includes a combination of basic skills and vocational training.
Training institution must have paid all contributions, payments in lieu of contributions, interest or penalty charges that are due under G.L. c. 151A
In addition, the following requirements must be met in order to be an approved training provider for DUA under the Training Opportunities Program with the exception of recognized Community Colleges, State Colleges, Colleges and Universities:
603 CMR 3.00: G.L. c.75 Section 7; c.75D, Section 8 and c. 93. Section 21B
603 CMR 3.00 Private Occupational Schools
General Provisions All schools defined in 603 CMR 3.01, except registered schools, shall have a license from the Massachusetts Department of Education to operate. A school shall display its license in a prominent location on its premises. A school shall not transfer its license. * If a school charges a tuition of more than $250 per student in a twelve month period (they must be licensed by the Department of Education).
3.06 Surety Requirement
- In addition to the information required to be submitted by M.G.L. c. 75C, section 1A, M.G.L. c.75D, section 3 and M.G.L. c. 93. Section 20A, an applicant for a license to operate a school shall apply for certification that it is financially qualified by submitting financial statements to the State Auditor.
- The State Auditor shall determine the amount of surety a school must have to operate. No school shall operate without valid surety, as determined by the State Auditor.
- A school shall apply for reevaluation of its financial qualification on an annual basis by submitting current financial statements to the State Auditor. Failure to submit the financial statements is cause for suspension and/or revocation of a license pursuant to 603 CMR 3.17.
- If the state Auditor increases the amount of surety to the Department of Education within 30 days. Failure to obtain the additional surety is cause for suspension and/or revocation of a license pursuant to 6.03 CMR 3.17.