§ 28-44-60 - Eligibility for adult basic education or vocational training.
SECTION 28-44-60
§ 28-44-60 Eligibility for adult basiceducation or vocational training. – (a) Notwithstanding any provisions of this title to the contrary, a claimantshall not be ineligible for benefits because of his or her regular attendance,whether full-time or part-time, in an adult basic education or a vocationaltraining program as approved by the director and as defined in §16-63-5(1) and (2); provided, that the director finds that:
(1) The contemplated education or training course willenhance the claimant's employability in an occupation or skill for which thereare, or are expected to be in the immediate future, employment opportunities inthe locality;
(2) The contemplated education or training course will beacquired through an entity in the delivery system set forth in §16-63-9(a) except subdivisions (5) and (10); and
(3) The claimant has the required qualifications andaptitudes to complete the education or training successfully.
(b) Notwithstanding any other provisions of this title, nootherwise eligible individual shall be denied benefits for any week because heor she is in training approved under 19 U.S.C. § 2296(a)(1), nor shallthat individual be denied benefits by reason of leaving work to enter thattraining; provided, that the work left is not suitable employment, or becauseof the application to any week in training of provisions in this law or anyapplicable federal unemployment compensation law, relating to availability forwork, active search for work, or refusal to accept work. For purposes of thissection, "suitable employment" means, with respect to an individual, work of asubstantially equal or higher skill level than the individual's past adverselyaffected employment, as defined for purposes of the Trade Act of 1974, 19U.S.C. § 2101 et seq., and wages for that work at not less than 80 percent(80%) of the individual's average weekly wage as determined for the purposes ofthe Trade Act of 1974.