[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Page 28755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14203]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AH39
Veterans Education: Course Measurement for Graduate Courses
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document adopts as a final rule amendments to the
``Administration of educational benefits'' regulations which provide
that all undergraduate courses taken by graduate students are to be
measured by the graduate school (full time, half time, quarter time,
etc.) or by the formula used for measuring undergraduate courses for
undergraduate students, whichever results in a higher monthly rate for
the veteran. Students receive benefits based on the assessment of their
training time (full time, half time, quarter time, etc.). Graduate
schools, often with unique programs, have the most expertise for
assessing the training status for their own programs. Also, they
realistically report the training status of graduate students. Even so,
we do not believe that graduate students should be paid a lower monthly
rate than undergraduate students for the same training. Hence, the
adoption of this change streamlines the process while yielding
equitable results.
EFFECTIVE DATE: June 6, 1996.
FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director
for Policy and Program Administration, Education Service, Veterans
Benefits Administration (202) 273-7187.
SUPPLEMENTARY INFORMATION: On February 12, 1996, the Department of
Veterans Affairs (VA) published in the Federal Register (61 FR 5357) a
proposed rule to provide a method of measuring a graduate student's
enrollment when he or she enrolls in one or more graduate courses and
one or more undergraduate courses. The public was given 60 days to
submit comments. VA received two comments, one from an official of a
large State university and one from the president of an association of
officials who certify students' enrollments to VA. Both urged that the
proposal be adopted.
Accordingly, based on the rationale set forth in the proposed rule
document, we are adopting the provisions of the proposed rule as a
final rule. This final rule also affirms the information in the
proposed rule document concerning the Regulatory Flexibility Act.
The Catalog of Federal Domestic Assistance numbers for the programs
affected by this final rule are 64.117, 64.120, and 64.124.
List of Subjects in 38 CFR Part 21
Administrative practice and procedure, Armed forces, Civil rights,
Claims, Colleges and universities, Conflict of interests, Defense
Department, Education, Employment, Grant programs-education, Grant
programs-veterans, Loan programs-education, Loan programs-veterans,
Manpower training programs, Reporting and recordkeeping requirements,
Schools, Veterans, Vocational education, Vocational rehabilitation.
Approved: May 22, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR part 21 is amended
as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart D--Administration of Educational Assistance Programs
1. The authority citation for part 21, subpart D continues to read
as follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), chs. 30, 32,
34, 35, 36, unless otherwise noted.
2. In Sec. 21.4273, paragraph (a)(2) is amended by removing
``assessed'' and adding, in its place, ``measured''; and paragraph (c)
is revised and its authority citation is added to read as follows:
Sec. 21.4273 Collegiate graduate.
* * * * *
(c) Undergraduate or combination. If a graduate student is enrolled
in both graduate and undergraduate courses concurrently, or solely in
undergraduate courses, VA will measure such an enrollment using the
provisions of Sec. 21.4272 or the graduate school's assessment of
training time, whichever will result in a higher monthly rate for the
veteran.
(Authority: 38 U.S.C. 3668(b); Pub. L. 102-568)
[FR Doc. 96-14203 Filed 6-5-96; 8:45 am]
BILLING CODE 8320-01-P
