[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29297-29311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14369]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF TRANSPORTATION
Coast Guard
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AE43
Educational Assistance for Members of the Selected Reserve
AGENCIES: Department of Defense, Department of Transportation (Coast
Guard), and Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the regulations for the Montgomery GI
Bill--Selected Reserve program to reflect statutory changes by adding
for certain reservists new types of permissible training such as
apprenticeship and other on-job training, cooperative training, and
flight training; by liberalizing the eligibility provisions; and by
increasing the rates of payment. The regulations are also amended by
adding additional restatements of statute, interpretive rules, and
nonsubstantive changes.
DATES: Effective Date: This final rule is effective June 10, 1996.
Applicability Dates: The restatements of statute and VA's statutory
interpretations contained in this final rule will be applied
retroactively from
[[Page 29298]]
the effective dates of the statutory provisions. For more information
concerning the application of the provisions of this final rule, see
the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director
for Policy and Program Administration, Education Service, Veterans
Benefits Administration, Department of Veterans Affairs, (202) 273-
7187.
SUPPLEMENTARY INFORMATION: In a document published in the Federal
Register on September 2, 1994 (59 FR 45644), the Department of Defense,
the Department of Transportation (Coast Guard), and the Department of
Veterans Affairs proposed to amend the ``Educational Assistance for
Members of the Selected Reserve'' regulations which are set forth at 38
CFR Sec. 21.7500 et seq. It was proposed to amend the regulations to
implement provisions of the Veterans Education and Employment
Amendments of 1989 (Title IV of Pub. L. 101-237), the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Pub. L. 101-189), and
the Veterans Education and Employment Programs Amendments (Pub. L. 102-
16) that affected the Montgomery GI Bill--Selected Reserve program.
Interested persons were given 60 days to submit comments. One comment
was received. The comment, signed by six students at a university,
urged that the proposed rule be adopted.
Based on the rationale set forth in the proposed rule document, we
are adopting the provisions of the proposed rule as a final rule,
except as otherwise explained below.
Prior to the effective date of this document, as a prerequisite for
VA educational assistance, reservists in courses not leading to a
standard college degree were required to submit to VA a monthly report
endorsed by the educational institution stating each day of absence
from scheduled attendance. The proposed rule would have deleted such
requirements for reservists in a course not leading to a standard
college degree. We are adopting this portion of the proposal. It was
proposed with certain exceptions to establish new reporting
requirements for reservists both in courses leading to a standard
college degree and in courses not leading to a standard college degree.
In this regard, it was proposed to require all reservists other than
those in flight training or correspondence courses to submit a
verification (without endorsement of educational institutions) of
continued pursuit of the reservist's program of education before
monthly benefits were paid. The proposed provisions concerning
verification of pursuit are not adopted for reservists in courses
leading to a standard college degree but are adopted for reservists in
courses (other than flight or correspondence courses) not leading to a
standard college degree. Experience in similar programs has shown that
because of frequent changes in enrollment it is necessary to continue
to obtain monthly reports from the small percentage of reservists in
courses not leading to a standard college degree. However, the proposed
provisions concerning verification of pursuit for reservists in courses
leading to a standard college degree are not adopted because VA simply
does not have resources at this time to process the verifications.
Restatements of Statutory Provisions and Other Conforming Changes
Changes are made to the final rule to include restatements of
statutes and other conforming changes as follows:
1. Section 21.7636 is amended to reflect that the Persian Gulf
Supplemental Authorization and Personnel Benefits Act of 1991 (Pub. L.
102-25), the Veterans' Benefit Act of 1992 (Pub. L. 102-568), and the
Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103-66) changed the
monthly rates of educational assistance payable to reservists beginning
October 1, 1991, for training full time, three quarters time, and half
time under the Montgomery GI Bill--Selected Reserve program. Section
21.7636 is also amended by making corresponding changes for training
one quarter time, which under the regulations is one quarter the amount
of full time.
2. Sections 21.7540, 21.7622, 21.7635(r), and 21.7639 (f) and (k)
are amended to reflect that Public Law 101-189 added with respect to
training that may be pursued under the Montgomery GI Bill--Selected
Reserve program certain liberalizing provisions that it applied only to
a reservist who, after September 30, 1990, makes a new commitment to
serve six years in the Selected Reserve. Accordingly, those sections of
the regulations are amended to reflect that such a reservist, if
otherwise eligible, may pursue under the Montgomery GI Bill--Selected
Reserve program: a course that is offered by an educational institution
which is not an institution of higher learning; a correspondence
course; a program of education leading to a standard college degree
offered solely by independent study; a refresher, remedial, or
deficiency course; a cooperative course; an apprenticeship or other on-
job training; and a flight course.
3. Section 21.7576 is amended to reflect the provisions in Public
Law 101-189 concerning how VA will apply entitlement charges to flight
training, correspondence training, cooperative training, and
apprenticeship or other on-job training.
4. Changes are made to Secs. 21.7540(b)(3)(iii), 21.7620(c),
21.7622(f)(vi), and 21.7722 to reflect that Public Law 102-568 changed
the provisions with respect to approval for VA educational assistance
to add a requirement that an independent study program must be
accredited, except that such requirement is not added for a reservist
who, as of October 29, 1992, was receiving educational assistance for
pursuit of an independent study program, and who has remained
continuously enrolled in that program.
5. Sections 21.7631(a) and 21.7642(e) are amended to reflect that
the National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484) provides that a reservist who enters a program of job training
under the Service Members Occupational Conversion and Training Act of
1992 (SMOCTA) is barred from receiving educational assistance under the
Montgomery GI Bill--Selected Reserve program for the same period for
which SMOCTA assistance is paid.
6. Section 21.7635(a) is amended to reflect that Public Law 102-568
provides that when a reservist receives an advance payment of
educational assistance and dies during the period covered by the
advance payment, the ending date of educational assistance is the last
date of the advance payment period.
7. Section 21.7639(a) is amended to reflect that Public Law 101-237
repealed certain provisions concerning payment reductions resulting
from excessive absences.
8. Section 21.7639 (f)(1) and (2) is amended to reflect that Public
Law 102-568 repealed certain provisions concerning the rate of payment
for a program pursued in whole or in part by independent study.
9. Section 21.7645(e) is amended to reflect that Public Law 102-568
limits work-study advance payments to 50 times the hourly wage
specified in the work-study contract for reservists eligible for
educational assistance under the Montgomery GI Bill--Selected Reserve
program who participate in VA's work-study program.
10. Section 21.7672 is amended to reflect that Public Law 102-568
revised the course measurement provisions that determine whether a
reservist's
[[Page 29299]]
enrollment under the Montgomery GI Bill--Selected Reserve program is
full time, three-quarter time, half time, or one-quarter time.
11. Section 21.7722 is amended to reflect that Public Law 102-568
specifically allows approval of certain courses for training an
individual to become a nurse's aide.
12. Sections 21.7540(b), 21.7620(d), 21.7622(f), 21.7670, and
21.7722 are amended to reflect that Public Law 103-160 makes graduate
training available under the Montgomery GI Bill--Selected Reserve
program.
13. Section 21.7520(b) is amended to reflect that Public Law 103-
446 contains a provision that requires any entity offering an
alternative teacher certification program to be considered to be an
educational institution for VA purposes during the period beginning on
November 2, 1994, and ending on September 30, 1996.
14. Section 21.7520(b) is amended to reflect that Public Law 103-
446 prohibits VA from supervising the State approving agencies (SAAs)
that approve courses for VA training.
Interpretations
As discussed above, Public Law 102-568 provides that the
prohibition against VA payment of educational assistance for
nonaccredited independent study programs does not apply to a reservist
who, as of October 29, 1992, was receiving educational assistance for
pursuit of an independent study program, and who has remained
continuously enrolled in that program. This document adds a definition
of ``continuously enrolled'' as meaning being in an enrolled status at
an educational institution for each day during the ordinary school year
and for consecutive school years. In this regard, continuity of
enrollment is not considered broken by holiday vacations, vacation
periods, periods during the school year between terms, quarters, or
semesters, or by nonenrollment during periods of enrollment outside the
ordinary school year (e.g., summer sessions). We believe this is
consistent with its common meaning and the congressional intent. We
have also provided in Sec. 21.7620(c)(4) that whether or not a
reservist is ``enrolled'' will be determined by the regularly
prescribed standards and practices of the educational institution
offering the course or unit subject. Further, in determining whether
payment may be made for a nonaccredited course or unit subject offered
entirely or partly by independent study, we interpret the term
``independent study program'', consistently with the definition of
independent study found in Sec. 21.4267, to mean a course or unit
subject that is offered entirely or partly by independent study as well
as an entire program of education of which such nonaccredited course or
unit subject is a required part. We believe that our use of the terms
``enrolled'' and ``independent study program'' are consistent with
congressional intent.
Public Law 102-484 provided exceptions to the general rule that on
the date a reservist ceases to be in the Selected Reserve, the
reservist loses eligibility for educational assistance under the
Montgomery GI Bill--Selected Reserve program. However, as noted above,
these exceptions do not apply to a reservist who ceases to be a
reservist because the Secretary of a military department needs to
reduce the number of members in certain grades or who have completed a
certain number of years of service, or the number of members who
possess certain military skills or are serving in designated
competitive categories. For such a reservist, VA will determine which
of the rules concerning the ending dates of eligibility apply to the
reservist. (For example, the rules concerning discharge for disability,
leaving the Selected Reserves in the middle of a school term, etc., may
apply to such a reservist). In this regard, Sec. 21.7550 is amended to
provide that if more than one rule applies, VA will apply the one that
is the most advantageous to the reservist. We believe that this
interpretation is in agreement with congressional intent.
Public Law 102-568 sets forth criteria for measuring full-time
enrollment for trade courses, technical courses, and undergraduate
courses. These courses are measured by the educational institution on
either a clock-hour or a credit-hour basis. The current regulations
already set forth formulas for converting clock hours into credit
hours, and vice versa. In our view, the provisions of Public Law 102-
568 require that all hours be measured consistent with the statutory
measurement criteria applicable to the primary institution.
Accordingly, the regulations at Sec. 21.7673 are amended to reflect
this requirement.
As noted above, Public Law 103-446 contains a provision that
requires any entity offering an alternative teacher certification
program to be considered to be an educational institution for VA
purposes during the period beginning on November 2, 1994, and ending on
September 30, 1996. This final rule defines ``alternative teacher
certification program'' as follows:
The term alternative teacher certification program, for the
purposes of determining whether an entity offering such a program is
a school, educational institution, or institution [as elsewhere
defined in this section], means a program leading to a teacher's
certificate that allows individuals with a bachelor's degree or
graduate degree to obtain teacher certification without enrolling in
an institution of higher learning.
We believe this is consistent with the congressional intent.
As noted above, under the provisions of Public Law 102-568 payments
of educational assistance could under certain circumstances be
terminated for reservists enrolled in a nonaccredited independent study
course. This document provides that educational assistance would
terminate from the date the course loses accreditation. VA believes
that usually the State approving agency would make its date of
withdrawal of approval effective on the date of the loss of
accreditation. Rather than have VA continue to pay benefits to someone
while waiting for a State approving agency to act, only to have those
payments become an overpayment when the SAA formally withdraws approval
retroactively to the effective date of the loss of accreditation, this
final rule provides that the effective date of termination of payment
of educational assistance for pursuit of such a course is the date on
which the course loses its accreditation. VA believes this approach
accords with the intent of the statutory prohibition concerning payment
for nonaccredited independent study courses.
Other Nonsubstantive Changes
Further, this final rule makes nonsubstantive changes to correct
typographical errors, to clarify provisions, and to update legal
citations.
Dates of Application
Restatements of statute and statutory interpretations made by this
final rule will be applied retroactively from the effective dates of
the statutory provisions. The dates of application for such changes and
for certain of the nonsubstantive changes made for clarity, to correct
typographical errors, or to reflect statutory recodification changes
are as follows:
December 18, 1989: Secs. 21.7639(a); 21.7640(a)(2); 21.7642 (a)(7),
(a)(8), and (a)(9); 21.7653; 21.7654; and 21.7672(d).
May 1, 1990: Sec. 21.7645 (a), (b), (c), (d), (e)(1), (f), (g), and
(h).
September 30, 1990: Secs. 21.7520(b)(19)(i)(E); 21.7576 (a)(1), (b)(5),
and (b)(7); 21.7620 (b)(1)(i), (b)(1)(ii)(A), (B), (C), and (D), and
(2);
[[Page 29300]]
21.7639(i); 21.7640(a)(5); and 21.7670(b).
October 1, 1990: Secs. 21.7520 (b)(1), (b)(17), (b)(19)(i)(A), (B),
(C), and (D), and (ii), (b)(20), (b)(23)(i), (ii), and (iii), (b)(30),
(b)(31), and (b)(32); 21.7540 (a) and (b); 21.7576 (a)(2), (a)(3),
(a)(4), (b)(1), (b)(2), (b)(3), (b)(4), and (b)(6); 21.7612; 21.7622
(f)(1), (f)(2), (f)(4)(i), (ii), (iii), (iv), and (v); 21.7624;
21.7631(a)(1) and headings for paragraphs (b) and (c); 21.7635 (b)(3),
(b)(4), (b)(5), and (r); 21.7636(a)(2)(ii) and (b); 21.7639(f), (g),
(h), (j), and (k); 21.7640 (a)(1), (a)(3), (a)(4), and (b)(1); 21.7674;
21.7700(a); 21.7720 (a) and (b); 21.7722 (a)(1) and (a)(2); and
21.7722(b).
October 23, 1992: Secs. 21.7550; 21.7631(g); 21.7635 (w) and (x);
21.7642(e)(2); and 21.7700(f).
October 29, 1992: Secs. 21.7520 (b)(11) and (b)(34); 21.7620(c);
21.7622(f)(4)(vi); 21.7635 (a) and (v); 21.7645(e)(2); 21.7670(f);
21.7700(g); 21.7722(a)(3); and the removal of Sec. 21.7670(d).
July 1, 1993: Secs. 21.7672 (b)(1), (b)(3), (b)(4), (b)(5), (c), (e),
and (f); and 21.7673.
November 30, 1993: Secs. 21.7620(d); 21.7622(f)(3); 21.7670, heading
and introductory text; and 21.7622, introductory text and the removal
of Sec. 21.7722, introductory text, and paragraphs (c), (d), (e), (f),
(g), (h) (i), (j), (k), (l), (m), (n), and (o).
October 1, 1994: Sec. 21.7620(b)(1)(ii)(E).
November 2, 1994: Secs. 21.7520(b)(23)(iv) and (b)(35); and 21.7700,
introductory text.
The effective date for Sec. 21.7636(a)(1) and (a)(3) is June 10,
1996. However, VA will apply the rates stated in those paragraphs
retroactively to training completed in the past as stated in those
paragraphs.
The amendments to the following are for clarification and for the
purpose of eliminating typographical errors, or are authority
citations: Secs. 21.7639 section heading, (b)(1), and (e);
21.7642(a)(6); and 21.7700, authority citation. The effective date of
these provisions is June 10, 1996.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act, the information
collection or recordkeeping requirements included, in whole or in part,
in this final rule have been approved by the Office of Management and
Budget (OMB) under OMB control numbers 2900-0073, 2900-0552, and 2900-
0553 (see Secs. 21.7640, 21.7653, and 21.7654).
As noted above, the proposed reporting requirements for
verification of pursuit, which were approved under OMB control number
2900-0553, are not adopted for reservists in courses leading to a
standard college degree. The reporting burden per response will not
change. However, fewer reservists will be required to report.
Under the Paperwork Reduction Act of 1995, no persons are required
to respond to a collection of information unless it displays a valid
OMB control number. The valid OMB control numbers assigned to the
collections of information in these final regulations are displayed at
the end of the affected sections of the regulations.
Administrative Procedure Act
In addition to the adoption of provisions based on the proposed
rule, this final rule consists of changes not subject to the notice and
comment provisions of 5 U.S.C. 553, i.e., interpretive rules and
nonsubstantive changes.
Regulatory Flexibility Act
The Secretary of Defense, the Commandant of the Coast Guard, and
the Secretary of Veterans Affairs hereby certify that this final rule
will not have a significant economic impact on a substantial number of
small entities as they are defined in the Regulatory Flexibility Act, 5
U.S.C. 601-612. This final rule in large part directly affects only
individuals. Although it is possible that a small-entity (small-entity
school) could be affected by this rulemaking, the number of individuals
affected at the school would in all likelihood be an insignificant
portion of the student body. Pursuant to 5 U.S.C. 605(b), this final
rule, therefore, is exempt from the initial and final regulatory
flexibility analyses requirements of Secs. 603 and 604.
Catalog of Federal Domestic Assistance
There is no Catalog of Federal Domestic Assistance number for the
program affected by this final rule.
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, Health care, Loan programs--education, Loan
programs--veterans, Manpower training programs, Reporting and
recordkeeping requirements, Schools, Travel and transportation
expenses, Veterans, Vocational education, Vocational rehabilitation.
Approved: May 17, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
Approved: May 29, 1996.
Al H. Bemis,
Deputy Assistant Secretary of Defense for Reserve Affairs (M&P).
Approved: May 31, 1996.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Director of Reserve and Training.
For the reasons set out in the preamble, 38 CFR part 21 (subpart L)
is amended as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart L--Educational Assistance for Members of the Selected
Reserve
1. The authority citation for part 21, subpart L is revised to read
as follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501, ch. 36, unless
otherwise noted.
2. In Sec. 21.7520, paragraph (b)(11) is amended by removing
``Sec. 21.4280(c)'' and adding, in its place, ``Sec. 21.4267(b)''; and
paragraphs (b)(1), (b)(17), (b)(19), (b)(20), and (b)(23) are revised,
and paragraphs (b)(30), (b)(31), (b)(32), (b)(33), and (b)(35) are
added, to read as follows:
Sec. 21.7520 Definitions.
* * * * *
(b) Other definitions. (1) Attendance. The term attendance means
the presence of a reservist--
(i) In the class where the approved course in which he or she is
enrolled is taught;
(ii) At a training establishment; or
(iii) In any other place of instruction, training, or study
designated by the educational institution or training establishment
where the reservist is enrolled and is pursuing a program of education.
(Authority: 10 U.S.C. 2131(c)(1), 2136(b); 38 U.S.C. 3474; sec.
705(a)(1), Pub. L. 98-525, 98 Stat. 2565, 2567; sec. 642, Pub. L.
101-189, 103 Stat. 1456-1458)
* * * * *
(17) Program of education. A program of education--
(i) Is any unit course or subject or combination of unit courses or
subjects pursued by a reservist at an educational institution, required
by the Administrator of the Small Business Administration as a
condition to obtaining financial assistance under the provisions of 15
U.S.C. 636; or
(ii) Is a combination of subjects or unit courses pursued at an
educational institution, which combination is
[[Page 29301]]
generally accepted as necessary to meet requirements for a
predetermined educational, professional, or vocational objective. It
may consist of subjects or courses which fulfill requirements for more
than one objective if all objectives pursued are generally recognized
as being related to a single career field; and
(iii) Includes an approved full-time program of apprenticeship or
of other on-job training.
(Authority: 10 U.S.C. 2131; 38 U.S.C. 3452(b); sec. 705(a)(1), Pub.
L. 98-525, 98 Stat. 2565, 2567; secs. 642(a), (b), (d), 645, Pub. L.
101-189, 103 Stat. 1456-1458)
* * * * *
(19) Pursuit.
(i) The term pursuit means work, while enrolled, toward the
objective of a program of education. This work must be in accordance
with approved institutional policy and regulations, and with applicable
criteria of 10 U.S.C. and 38 U.S.C.; must be necessary to reach the
program's objective; and must be accomplished through--
(A) Resident courses;
(B) Independent study;
(C) Correspondence courses;
(D) An apprenticeship or other on-job training program; or
(E) Flight courses.
(Authority: 10 U.S.C 2131, 2136; 38 U.S.C. 3680(g); sec. 705(a)(1),
Pub. L. 98-525, 98 Stat. 2565, 2567; secs. 642, 645, Pub. L. 101-
189, 103 Stat. 1456-1458)
(ii) VA will consider a reservist who qualifies for payment during
an interval, school closing, or holiday vacation to be in pursuit of a
program of education during the interval, school closing, or holiday
vacation.
(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3680(g); sec. 705(a)(1),
Pub. L. 98-525, 98 Stat. 2565, 2567; sec. 642(c), (d), Pub. L. 101-
189, 103 Stat. 1457-1458)
(20) Refresher course. The term refresher course means either:
(i) A course at the elementary or secondary level to review or
update material previously covered in a course that has been
satisfactorily completed; or
(ii) A course which permits an individual to update knowledge and
skills or be instructed in the technological advances which have
occurred in the reservist's field of employment since his or her entry
on active duty and which is necessary to enable the individual to
pursue an approved program of education.
(Authority: 10 U.S.C. 2131(b), (c); sec. 705(a)(1), Pub. L. 98-525,
98 Stat. 2565; secs. 642(a), (b), (d), 645(a), (b), Pub. L. 101-189,
103 Stat. 1456-1458))
* * * * *
(23) School, educational institution, institution. The terms
school, educational institution, and institution mean:
(i) A vocational school or business school;
(ii) A junior college, teachers' college, college, normal school,
professional school, university, or scientific or technical
institution;
(iii) A public or private elementary school or secondary school
which offers courses for adults, provided that the courses lead to an
objective other than an elementary school diploma, a high school
diploma, or their equivalents; or
(iv) Any entity, during the period beginning on November 2, 1994,
and ending on September 30, 1996, other than an institution of higher
learning, that provides training required for completion of a State-
approved alternative teacher certification program.
(Authority: 10 U.S.C. 2131(a), (c); 38 U.S.C. 3002, 3452; sec.
705(a)(1), Pub. L. 98-525, 98 Stat. 2565; sec. 642(a), (b), (d),
Pub. L. 101-189, 103 Stat. 1456-1458)
* * * * *
(30) Cooperative course. The term cooperative course means a full-
time program of education which consists of institutional courses and
alternate phases of training in a business or industrial establishment
with the training in the business or industrial establishment being
strictly supplemental to the institutional portion.
(Authority: 10 U.S.C. 2131(e); 38 U.S.C. 3686; sec. 642(b), (d),
Pub. L. 101-189, 103 Stat. 1456-1458)
(31) Established charge. The term established charge means the
lesser of--
(i) The charge for the correspondence course or courses determined
on the basis of the lowest extended time payment plan offered by the
educational institution and approved by the appropriate State approving
agency; or
(ii) The actual charge to the reservist.
(Authority: 10 U.S.C. 2131(f); sec. 642(b), (d), Pub. L. 101-189,
103 Stat. 1456-1458)
(32) Training establishment. The term training establishment means
any establishment providing apprentice or other on-job training,
including those under the supervision of a college, university, any
State department of education, any State apprenticeship agency, any
State board of vocational education, any joint apprenticeship
committee, the Bureau of Apprenticeship and Training established in
accordance with 29 U.S.C. chapter 4C, or any agency of the Federal
government authorized to supervise such training.
(Authority: 10 U.S.C. 2131(d), 16136(b); 38 U.S.C. 3452(e); sec.
642(b), (d), Pub. L. 101-189, 103 Stat. 1456-1458)
(33) Continuously enrolled. The term continuously enrolled means
being in an enrolled status at an educational institution for each day
during the ordinary school year, and for consecutive school years.
Consequently, continuity of enrollment is not broken by holiday
vacations, vacation periods, periods during the school year between
terms, quarters, or semesters, or by nonenrollment during periods of
enrollment outside the ordinary school year (e.g., summer sessions).
(Authority: 10 U.S.C. 16136(b))
* * * * *
(35) Alternative teacher certification program. The term
alternative teacher certification program, for the purposes of
determining whether an entity offering such a program is a school,
educational institution, or institution as defined in paragraph
(b)(23)(iv) of this section, means a program leading to a teacher's
certificate that allows individuals with a bachelor's degree or
graduate degree to obtain teacher certification without enrolling in an
institution of higher learning.
(Authority: 10 U.S.C. 16136; 38 U.S.C. 3452(c))
3. In Sec. 21.7540, paragraphs (b) and (c) are redesignated as
paragraphs (c) and (d), respectively; and paragraph (a) is revised, and
a new paragraph (b) is added, to read as follows:
Sec. 21.7540 Eligibility for educational assistance.
(a) Basic eligibility requirements. The Armed Forces will determine
whether a reservist is eligible to receive benefits pursuant to 10
U.S.C. chapter 1606 (or 10 U.S.C. chapter 106 as in effect before
December 1, 1994). To be eligible a reservist--
(1) Shall:
(i) Enlist, reenlist, or extend an enlistment as a Reserve for
service in the Selected Reserve so that the total period of obligated
service is at least six years from the date of such enlistment,
reenlistment, or extension; or
(ii) Be appointed as, or be serving as, a reserve officer and agree
to serve in the Selected Reserve for a period of not less than six
years in addition to any other period of obligated service in the
Selected Reserve to which the person may be subject;
(2) Must complete his or her initial period of active duty for
training;
(3) Must be participating satisfactorily in the Selected Reserve;
and
(4) Must not have elected to have his or her service in the
Selected Reserve
[[Page 29302]]
credited toward establishing eligibility to benefits provided under 38
U.S.C. chapter 30.
(Authority: 10 U.S.C. 2132; 38 U.S.C. 3033(c); sec. 705(a)(1), Pub.
L. 98-525, 98 Stat. 2565; sec. 4, Pub. L. 100-48, 101 Stat. 331;
secs. 643, 645, Pub. L. 101-189, 103 Stat. 1458)
(b) Eligibility requirements for expanded benefits. (1) A reservist
shall be eligible to pursue all types of training described in subpart
L of this part regardless of whether he or she has received a
baccalaureate degree or equivalent evidence of completion of study if--
(i) After September 30, 1990, he or she takes one of the actions
described in paragraph (a)(1)(i) or (a)(1)(ii) of this section;
(ii) The reservist meets the criteria of paragraphs (a)(2) through
(a)(4) of this section; and
(iii) The reservist does not have his or her eligibility limited as
described in paragraph (c) of this section.
(2) A reservist shall be eligible to pursue all types of training
described in subpart L of this part except the training described in
paragraph (b)(3) of this section if--
(i) After June 30, 1985, but not after September 30, 1990, he or
she takes one of the actions described in paragraph (a)(1) or (a)(2) of
this section;
(ii) The reservist has not received a baccalaureate degree or the
equivalent evidence of completion of study;
(iii) The reservist meets all the other eligibility criteria of
paragraph (a) of this section; and
(iv) The reservist does not have his or her eligibility limited by
paragraph (c) of this section.
(3) The types of training which a reservist described in paragraph
(b)(1) of this section may pursue, but which may not be pursued by a
reservist described in paragraph (b)(2), are:
(i) A course which is offered by an educational institution which
is not an institution of higher learning (to determine if a nursing
course is offered by an institution of higher learning, see
Sec. 21.7622(f));
(ii) A correspondence course;
(iii) A program of education leading to a standard college degree
offered solely by independent study (but see Sec. 21.7622(f) concerning
enrollment in a nonaccredited independent study course after October
28, 1992);
(iv) A refresher, remedial or deficiency course;
(v) A cooperative course;
(vi) An apprenticeship or other on-job training; and
(vii) A flight course.
(Authority: 10 U.S.C. 2131, 2132, 2136; sec. 705(a)(1), Pub. L. 98-
525, 98 Stat. 2565, 2567; secs. 642, 643, 645, Pub. L. 101-189, 103
Stat. 1456-1458)
* * * * *
4. In Sec. 21.7550, paragraph (a), introductory text, is revised,
and paragraph (d) is added, to read as follows:
Sec. 21.7550 Ending dates of eligibility.
(a) Time limit on eligibility. Except as provided in Sec. 21.7551
and paragraphs (a)(3), (b), (c), and (d) of this section, a reservist's
period of eligibility expires effective the earlier of the following
dates:
* * * * *
(d) Unit deactivated. (1) Except as provided in paragraph (d)(3) or
(d)(4) of this section, the period of eligibility of a reservist,
eligible for educational assistance under this subpart, who ceases to
be a member of the Selected Reserve during the period beginning October
1, 1991, and ending September 30, 1999, under either of the conditions
described in paragraph (d)(2) of this section, will expire on the date
10 years after the date the reservist becomes eligible for educational
assistance.
(2) The conditions referred to in paragraph (d)(1) of this section
for ceasing to be a member of the Selected Reserve are:
(i) The deactivation of the reservist's unit of assignment; and
(ii) The reservist's involuntarily ceasing to be designated as a
member of the Selected Reserve pursuant to 10 U.S.C. 10143(a).
(3) The provisions of paragraphs (d)(1) and (d)(2) of this section
do not apply if the reservist ceases to be a member of the Selected
Reserve under adverse conditions, as characterized by the Secretary of
the military department concerned. The expiration of such a reservist's
period of eligibility will be on the date the reservist ceases, under
adverse conditions, to be a member of the Selected Reserve.
(4) A reservist's period of eligibility will expire if he or she is
a member of a reserve component of the Armed Forces and (after having
involuntarily ceased to be a member of the Selected Reserve) is
involuntarily separated from the Armed Forces under adverse conditions,
as characterized by the Secretary of the military department concerned.
The expiration of such a reservist's period of eligibility will be on
the date the reservist is involuntarily separated under adverse
conditions from the Armed Forces.
(Authority: 10 U.S.C. 16133)
5. In Sec. 21.7576, paragraphs (a), (b)(1), and (b)(2) are revised,
and paragraphs (b)(3), (b)(4), (b)(5), (b)(6), and (b)(7) are added, to
read as follows:
Sec. 21.7576 Entitlement charges.
(a) Overview. VA will make charges against entitlement as stated in
this section. Charges are based upon the principle that a reservist who
trains full time for one day should be charged one day of entitlement,
except for those pursuing:
(1) Flight training;
(2) Correspondence training;
(3) Cooperative training; or
(4) Apprenticeship or other on-job training.
(Authority: 10 U.S.C. 2131(c); sec. 705(a)(1), Pub. L. 98-525, 98
Stat. 2565; sec. 642(a), (b), (d), Pub. L. 101-189, 103 Stat. 1456-
1458)
(b) Determining entitlement charge. * * *
(1) Except for those pursuing flight training, correspondence
training, cooperative training, apprenticeship or other on-job
training, VA will make a charge against entitlement--
(i) On the basis of total elapsed time (one day for each day of
pursuit for which the reservist is paid educational assistance) if the
reservist is pursuing the program of education on a full-time basis; or
(ii) On the basis of a proportionate rate of elapsed time, if the
reservist is pursuing the program of education on a three-quarter, one-
half, or one-quarter-time basis.
(2) VA will compute elapsed time from the commencing date of the
award of educational assistance to the date of discontinuance. If the
reservist changes his or her training time after the commencing date of
the award, VA will--
(i) Divide the enrollment period into separate periods of time
during which the reservist's training time remains constant; and
(ii) Compute the elapsed time separately for each time period.
(3) For each month that a reservist is paid a monthly educational
assistance allowance while undergoing apprenticeship or other on-job
training, VA will make a charge against entitlement of--
(i) .75 of a month in the case of payments made during the first
six months of the reservist's pursuit of the program of apprenticeship
or other on-job training;
(ii) .55 of a month in the case of payments made during the second
six months of the reservist's pursuit of the program of apprenticeship
or other on-job training; and
(iii) .35 of a month in the case of payments made following the
first
[[Page 29303]]
twelve months of the reservist's pursuit of the program of
apprenticeship or other on-job training.
(4) When a reservist is pursuing a program of education by
correspondence, VA will make a charge against entitlement for each
payment made to him or her. The charge will be made in months and
decimal fractions of a month, as determined by dividing the amount of
the payment by an amount equal to the rate stated in Sec. 21.7636(a)(1)
as the rate otherwise applicable to the reservist for full-time
training.
(5) When a reservist is pursuing a program of education partly in
residence and partly by correspondence, VA will make a charge against
entitlement--
(i) For the residence portion of the program as provided in
paragraphs (b)(1) and (b)(2) of this section; and
(ii) For the correspondence portion of the program as provided in
paragraph (b)(4) of this section.
(6) When a reservist is pursuing a program of education through
cooperative training, VA will make a charge against entitlement of .8
of a month for each month in which the reservist is receiving payment
at the rate for cooperative training. If the reservist is pursuing
cooperative training for a portion of a month, VA will make a charge
against entitlement on the basis of total elapsed time (.8 of a day for
each day of pursuit).
(Authority: 10 U.S.C. 2131(c), (d); sec. 705(a)(1), Pub. L. 98-525,
98 Stat. 2565; sec. 642(b), (d), Pub. L. 101-189, 103 Stat. 1456-
1458)
(7) When a reservist is pursuing a program of education through
flight training, VA will make a charge against entitlement at the rate
of one month for each amount equal to the monthly rate stated in
Sec. 21.7636(a)(1) as applicable for the month in which the training
occurred.
(Authority: 10 U.S.C. 16136(c))
* * * * *
6. In Sec. 21.7612, the introductory text and paragraph (a) are
revised to read as follows:
Sec. 21.7612 Programs of education combining two or more types of
courses.
An approved program may consist of courses offered by two
educational institutions concurrently, or courses offered through class
attendance and by television concurrently. An educational institution
may contract the actual training to another educational institution,
provided the course is approved by the State approving agency having
approval jurisdiction over the educational institution actually
providing the training.
(a) Concurrent enrollment. When a reservist cannot schedule his or
her complete program at one educational institution, VA may approve a
program of concurrent enrollment. When requesting such a program, the
reservist must show that his or her complete program of education is
not available at the educational institution in which he or she will
pursue the major portion of his or her program (the primary educational
institution), or that it cannot be scheduled within the period in which
he or she plans to complete his or her program. A reservist who is
limited in the types of courses he or she may pursue, as provided in
Sec. 21.7540 (b)(2) and (b)(3), may pursue courses only at an
institution of higher learning. If such a reservist cannot complete his
or her program at one institution of higher learning, VA may approve a
concurrent enrollment only if both the educational institutions the
reservist enrolls in are institutions of higher learning.
(Authority: 10 U.S.C. 2131(c), 2136(b); 38 U.S.C. 3680(g); sec.
705(a)(1), Pub. L. 98-525, 98 Stat. 2565, 2567; sec. 642, Pub. L.
101-189, 103 Stat. 1456-1458)
* * * * *
7. In Sec. 21.7620, paragraph (a) is amended by removing
``21.7520(n) of this part'' and adding, in its place,
``21.7520(b)(17)''; and paragraphs (b) and (c) are revised, and
paragraph (d) is added, to read as follows:
Sec. 21.7620 Courses included in programs of education.
* * * * *
(b) Flight training. (1) VA may pay educational assistance for an
enrollment in a flight training course when--
(i) An institution of higher learning offers the course for credit
toward the standard college degree the reservist is pursuing; or
(ii) When:
(A) The reservist is eligible to pursue flight training as provided
in Sec. 21.7540(b)(1) and (b)(3);
(B) The State approving agency has approved the course;
(C) A flight school is offering the course;
(D) The reservist's training meets the requirements of
Sec. 21.4263(b)(1);
(E) The reservist meets the requirements of Sec. 21.4263(a); and
(F) The training for which payment is made occurs after September
29, 1990.
(2) VA will not pay educational assistance for an enrollment in a
flight training course when the reservist is pursuing an ancillary
flight objective.
(Authority: 10 U.S.C. 16131, 16136(c)(1); 38 U.S.C. 3034)
(c) Independent study. (1) VA will pay educational assistance to a
reservist who is limited in the types of courses he or she may pursue,
as provided in Sec. 21.7540(b)(2) and (b)(3), for an enrollment in any
course or unit subject offered by independent study only when the
reservist is enrolled concurrently in one or more courses or unit
subjects offered by resident training.
(2) Only a reservist who meets the requirements of
Sec. 21.7540(b)(1) may be paid educational assistance for an enrollment
in an independent study course or unit subject leading to a standard
college degree without a simultaneous enrollment in a course or unit
subject offered by resident training.
(3) Except as provided in paragraph (c)(4) of this section and
subject to the restrictions found in paragraph (c)(1) of this section,
effective October 29, 1992, VA may pay educational assistance to a
reservist who is enrolled in a nonaccredited course or unit subject
offered entirely or partly by independent study only if--
(i) Successful completion of the nonaccredited course or unit
subject is required in order for the reservist to complete his or her
program of education and the reservist:
(A) Was receiving educational assistance on October 29, 1992, for
pursuit of the program of education of which the nonaccredited
independent study course or unit subject forms a part; and
(B) Has remained continuously enrolled in the program of education
of which the nonaccredited independent study course or unit subject
forms a part from October 29, 1992, to the date the reservist enrolls
in the nonaccredited independent study course or unit subject; or
(ii)(A) Was enrolled in and receiving educational assistance for
the nonaccredited independent study course or unit subject on October
29, 1992; and
(B) Remains continuously enrolled in that course or unit subject.
(4) Whether or not the reservist is enrolled will be determined by
the regularly prescribed standards and practices of the educational
institution offering the course or unit subject.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3680A(a)(4); sec. 313(b),
Pub. L. 102-568, 106 Stat. 4332)
(d) Graduate study. VA will pay educational assistance for an
enrollment in a course or subject leading to a
[[Page 29304]]
graduate degree or certificate when the training occurs after November
29, 1993.
(Authority: 10 U.S.C. 16131(c))
8. In Sec. 21.7622, paragraph (f) is revised, to read as follows:
Sec. 21.7622 Courses precluded.
* * * * *
(f) Other courses. (1) A reservist who is limited in the types of
courses he or she may pursue, as provided in Sec. 21.7540(b)(2) and
(b)(3), may not receive any educational assistance for pursuit of any
of the types of training listed in Sec. 21.7540(b)(3).
(2) VA will not consider the hospital or field work phase of a
nursing course, including a course leading to a degree in nursing, to
be provided by an institution of higher learning unless--
(i) The hospital or fieldwork phase is an integral part of the
course;
(ii) Completion of the hospital or fieldwork phase of the course is
a prerequisite to the successful completion of the course;
(iii) The student remains enrolled in the institution of higher
learning during the hospital or fieldwork phase of the course; and
(iv) The training is under the direction and supervision of the
institution of higher learning.
(3) A reservist who is limited in the types of courses he or she
may pursue, as provided in Sec. 21.7540(b)(2) and (b)(3), may not
receive educational assistance for an enrollment in a course pursued
after the reservist has completed the course of instruction required
for the award of a baccalaureate degree or the equivalent evidence of
completion of study, unless the reservist is pursuing a course or
courses leading to a graduate degree or graduate certificate. Such a
reservist may receive educational assistance while pursuing a course or
courses leading to a graduate degree or graduate certificate (subject
to the restrictions in Sec. 21.7620(d)). Equivalent evidence of
completion of study may include, but is not limited to, a copy of the
reservist's transcript showing that he or she has received passing
grades in all courses needed to obtain a baccalaureate degree at the
institution of higher learning which he or she has been attending.
(4) No reservist may receive payment of educational assistance from
VA for:
(i) An audited course (see Sec. 21.4252(i));
(ii) A new enrollment in a course during a period when approval has
been suspended by a State approving agency or VA;
(iii) Pursuit of a course by a nonmatriculated student except as
provided in Sec. 21.4252(l);
(iv) An enrollment in a course at an educational institution for
which the reservist is an official of such institution authorized to
sign certificates of enrollment under 10 U.S.C. chapter 1606;
(v) A new enrollment in a course which does not meet the veteran-
nonveteran ratio requirement as computed under Sec. 21.4201; or
(vi) Except as provided in Sec. 21.7620(c), an enrollment in a
nonaccredited independent study course.
(Authority: 10 U.S.C. 16131(c), 16136(b); 38 U.S.C. 3672(a), 3676,
3680(a); sec. 642(d), Pub. L. 101-189, 103 Stat. 1458)
9. Section 21.7624 is revised, to read as follows:
Sec. 21.7624 Overcharges and restrictions on enrollments.
(a) Overcharges. VA may disapprove an educational institution for
further enrollments when the educational institution charges or
receives from a reservist tuition and fees that exceed the established
charges which the educational institution requires from similarly
circumstanced nonreservists enrolled in the same course.
(Authority: 10 U.S.C. 2136; 38 U.S.C. 3690; sec. 705(a)(1), Pub. L.
98-525, 98 Stat. 2565, 2567; secs. 642 (c), (d), 645(a)(1), Pub. L.
101-189, 103 Stat. 1457-1458)
(b) Restriction on enrollments. The provisions of Sec. 21.4202(b)
apply to any determination by VA as to whether to impose restrictions
on approval of enrollments and whether to discontinue payments to
reservists already enrolled at an educational institution.
(Authority: 10 U.S.C. 2136; 38 U.S.C. 3690(b); sec. 705(a)(1), Pub.
L. 98-525, 98 Stat. 2565, 2567; secs. 642 (c), (d), 645(a)(1), Pub.
L. 101-189, 103 Stat. 1457-1458)
10. In Sec. 21.7631, paragraph (a)(1) and the headings for
paragraphs (b) and (c) are revised, and paragraph (g) is added, to read
as follows:
Sec. 21.7631 Commencing dates.
* * * * *
(a) * * *
(1) The date the educational institution certifies under paragraph
(b) or (c) of this section.
* * * * *
(b) Certification by educational institution--course or subject
leads to a standard college degree.
* * * * *
(c) Certification by educational institution--course does not lead
to a standard college degree.
* * * * *
(g) Service Members Occupational Conversion and Training Act of
1992. If the reservist's educational assistance has been barred or has
been discontinued because the reservist is training under a job
training program for which benefits are payable to his or her employer
under the Service Members Occupational Conversion and Training Act of
1992, VA will begin or resume paying educational assistance to the
reservist effective the first day following the last date for which
benefits are payable under that Act.
(Authority: Sec. 4492(a), Pub. L. 102-484, 106 Stat. 2765-2766)
11. In Sec. 21.7635, paragraph (v) is redesignated as paragraph
(x); and paragraph (a) is revised, paragraphs (b)(3), (b)(4), and
(b)(5) are added, paragraph (r) is revised, and paragraphs (v) and (w)
are added, to read as follows:
Sec. 21.7635 Discontinuance dates.
* * * * *
(a) Death of reservist. (1) If the reservist receives an advance
payment and dies before the end of the period covered by the advance
payment, the discontinuance date of educational assistance shall be the
last date of the period covered by the advance payment.
(2) In all other cases if the reservist dies while pursuing a
program of education, the discontinuance date of educational assistance
shall be the last date of attendance.
(Authority: 10 U.S.C. 16136; 38 U.S.C. 3680(e))
(b) * * *
(3) When a reservist withdraws from a correspondence course, VA
will terminate educational assistance effective the date the last
lesson is serviced.
(4) When a reservist withdraws from an apprenticeship or other on-
job training, VA will terminate educational assistance effective the
date of last training.
(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3680(a); sec. 705(a)(1),
Pub. L. 98-525, 98 Stat. 2565, 2567; sec. 642 (c), (d), Pub. L. 101-
189, 103 Stat. 1457-1458)
(5) When a reservist withdraws from flight training, VA will
terminate educational assistance effective the date of last
instruction.
(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3680(a); sec. 705(a)(1),
Pub. L. 98-525, 98 Stat. 2565, 2567; sec. 642 (c), (d), Pub. L. 101-
189, 103 Stat. 1457-1458)
* * * * *
(r) Completion of baccalaureate instruction. If a reservist who is
limited in the types of courses he or she may pursue, as provided in
Sec. 21.7540 (b)(2) and (b)(3), completes a course of instruction
required for the award of a
[[Page 29305]]
baccalaureate degree or the equivalent evidence of completion of study
(see Sec. 21.7622(f)), VA will discontinue educational assistance
effective the day after the date upon which the required course of
instruction was completed.
(Authority: 10 U.S.C. 2131; sec. 705(a)(1), Pub. L. 98-525, 98 Stat.
2565; secs. 642 (a), (b), (d), 645(a), (b), Pub. L. 101-189, 103
Stat. 1456-1458)
* * * * *
(v) Independent study course loses accreditation. If the reservist
is enrolled in a course offered in whole or in part by independent
study, and the course loses its accreditation (or the educational
institution offering the course loses its accreditation), the date of
reduction or discontinuance will be the effective date of the
withdrawal of accreditation by the accrediting agency, unless the
provisions of Sec. 21.7620 (c)(3) or (c)(4) apply.
(Authority: 10 U.S.C. 16136; 38 U.S.C. 3680A(a)(4))
(w) Service Members Occupational Conversion and Training Act of
1992. If a reservist enters a training program for the purpose of
obtaining assistance under the Service Members Occupational Conversion
and Training Act of 1992, the effective date of discontinuance of
educational assistance shall be the date on which the reservist entered
the job training program.
(Authority: Sec. 4492(a), Pub. L. 102-484, 106 Stat. 2765-2766)
* * * * *
12. Section 21.7636 is revised, to read as follows:
Sec. 21.7636 Rates of payment.
(a) Monthly rate of educational assistance. (1) Except as otherwise
provided in this section and in Sec. 21.7639, the monthly rate of
educational assistance payable to a reservist is the amount stated in
this table:
----------------------------------------------------------------------------------------------------------------
Training time
Period of pursuit of training ---------------------------------------------------
Full-time 3/4 time 1/2 time 1/4 time
----------------------------------------------------------------------------------------------------------------
Oct. 1, 1990-Sept. 30,1991.................................. $140.00 $105.00 $70.00 $35.00
Oct. 1, 1991-Mar. 31, 1993.................................. 170.00 128.00 85.00 43.00
Apr. 1, 1993-Sept. 30, 1994................................. 190.00 143.00 95.00 48.00
Oct. 1, 1994-Sept. 30, 1995................................. 192.32 144.74 96.16 48.08
On and after Oct. 1, 1995................................... 197.90 148.42 98.95 49.47
----------------------------------------------------------------------------------------------------------------
(2) The monthly rate of basic educational assistance payable to a
reservist who is pursuing an apprenticeship or other on-job training
full time is the rate stated in these tables:
(i)
----------------------------------------------------------------------------------------------------------------
Monthly rate
---------------------------------------------------
Training period Oct. 1, Oct. 1, Apr. 1, Oct. 1,
1990-Sept. 1991-Mar. 1993-Sept. 1994-Sept.
30, 1991 31, 1993 30, 1994 30, 1995
----------------------------------------------------------------------------------------------------------------
First six months of pursuit of training..................... $105.00 $127.50 $142.50 144.24
Second six months of pursuit of training.................... 77.00 93.50 104.50 105.78
Remaining pursuit of training............................... 49.00 59.50 66.50 67.31
----------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------
Monthly rate
Training period On and after
Oct. 1, 1995
------------------------------------------------------------------------
First six months of pursuit of training................... $148.42
Second six months of pursuit of training.................. 108.94
Remaining pursuit of training............................. 69.26
------------------------------------------------------------------------
(ii) Full-time training will consist of the number of hours which
constitute the standard workweek of the training establishment, but not
less than 30 hours unless a lesser number of hours is established as
the standard workweek for the particular establishment through bona
fide collective bargaining between employers and employees.
(3) The monthly rate of educational assistance payable to a
reservist who is pursuing a cooperative course is the rate stated in
this table:
------------------------------------------------------------------------
Oct. 1, 1990- Oct. 1, 1991- Apr. 1, 1993- Oct. 1, 1994-
Sept. 30, Mar. 31, 1993 Sept. 30, Sept. 30, On and after
1991 1994 1995 Oct. 1, 1995
------------------------------------------------------------------------
$112.00...... $136.00 $152.00 $153.86 $158.32
------------------------------------------------------------------------
(Authority: 10 U.S.C. 16131(b), (c); sec. 12009(c), Pub. L. 103-66,
107 Stat. 416)
(b) Limitations on payments. VA may withhold final payment until VA
receives proof of the reservist's enrollment and adjusts the
reservist's account.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3680(g))
13. In Sec. 21.7639, paragraph (b)(1) introductory text is amended
by removing the second sentence; the heading of paragraph (e) is
amended by removing ``Payment for independent'' and adding, in its
place, ``Independent''; and the section heading, paragraph (a)
introductory text, the authority citation for paragraph (a), and
paragraph (f) are revised, and paragraphs (g) through (k) are added, to
read as follows:
[[Page 29306]]
Sec. 21.7639 Conditions which result in reduced rates or no payment.
* * * * *
(a) Absences. A reservist enrolled in a course not leading to a
standard college degree will have his or her educational assistance
reduced for any day of absence which occurs before December 18, 1989,
and which exceeds the maximum allowable absences permitted in this
paragraph.
* * * * *
(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3680; sec. 705(a)(1), Pub.
L. 98-525, 98 Stat. 2565, 2567; sec. 642 (c), (d), Pub. L. 101-189,
103 Stat. 1457-1458)
* * * * *
(f) Independent study. (1) A reservist pursuing only independent
study and whose enrollment begins before July 1, 1993, shall be paid
educational assistance at the quarter-time rate regardless of the
number of credit hours the reservist may be pursuing.
(2) A reservist pursuing only independent study and whose
enrollment begins after June 30, 1993, shall be paid educational
assistance on the basis of his or her training time.
(3) No payments may be made to a reservist who is limited in the
types of courses he or she may pursue, as provided in
Sec. 21.7540(b)(2) and (b)(3), and who is pursuing independent study
unless he or she is concurrently pursuing one or more courses offered
through resident training at an institution of higher learning.
(Authority: 10 U.S.C. 2131; 10 U.S.C. 2136(b); 38 U.S.C. 3532, 3532
note, 3680; sec. 705(a)(1), Pub. L. 98-525, 98 Stat. 2565, 2567;
secs. 642, 645 (a), (b), Pub. L. 101-189, 103 Stat. 1457-1458)
(g) Payment for correspondence courses. A reservist who is pursuing
a correspondence course or the correspondence portion of a
correspondence-residence course shall be paid 55 percent of the
established charge which the educational institution requires
nonreservists to pay for the lessons--
(1) Which the reservist has completed;
(2) Which the educational institution has serviced; and
(3) For which payment is due.
(Authority: 10 U.S.C. 2131(f); sec. 642 (b), (d), Pub. L. 101-189,
103 Stat. 1456-1458)
(h) Failure to work sufficient hours of apprenticeship and other
on-job training. (1) For any calendar month in which a reservist
pursuing an apprenticeship or other on-job training program fails to
complete 120 hours of training, VA shall reduce the rates specified in
Sec. 21.7636(a)(2) proportionately. In this computation, VA shall round
the number of hours worked to the nearest multiple of eight.
(2) For the purpose of this paragraph, hours worked include only--
(i) The training hours the reservist worked; and
(ii) All hours of the reservist's related training which occurred
during the standard workweek and for which the reservist received
wages. (See Sec. 21.7636(a)(2)(ii) as to the requirements for full-time
training.)
(Authority: 10 U.S.C. 2131(d)(2); sec. 642 (b), (d), Pub. L. 101-
189, 103 Stat. 1456-1458)
(i) Flight training course. A reservist who is pursuing a flight
training course shall be paid 60 percent of the established charge for
tuition and fees (other than tuition and fees charged for or
attributable to solo flying hours) which the flight school requires
similarly circumstanced nonreservists enrolled in the same course to
pay.
(Authority: 10 U.S.C. 16131(g))
(j) Membership in the Senior Reserve Officers' Training Corps. A
reservist may not receive educational assistance for any period for
which he or she receives financial assistance under 10 U.S.C. 2107 as a
member of the Senior Reserve Officers' Training Corps.
(Authority: 10 U.S.C. 16134)
(k) Course not offered by an institution of higher learning or not
leading to an identifiable educational, professional, or vocational
objective. A reservist who is limited in the types of courses he or she
may pursue, as described in Sec. 21.7540(b)(2) and (b)(3), may not
receive educational assistance for instruction in a program of
education unless it is offered at an institution of higher learning.
The instruction must lead to an identifiable educational, professional,
or vocational objective, but does not have to lead to a standard
college degree.
(Authority: 10 U.S.C. 2131(b), 2136(b); sec. 705(a)(1), Pub. L. 98-
525, 98 Stat. 2565, 2567; secs. 642 (b)(1), (c), (d), 645(a), (b),
Pub. L. 101-189, 103 Stat. 1456-1458)
14. In Sec. 21.7640, paragraph (d)(1) introductory text is amended
by removing ``institution of higher learning'' and adding, in its
place, ``educational institution''; and the section heading and
paragraph (a) are revised, to read as follows:
Sec. 21.7640 Release of payments.
(a) Payments are dependent upon certifications, reports, and
verifications of pursuit. When certifications, reports, or
verifications of pursuit are mentioned in this paragraph, the
certifications, reports, and verifications of pursuit are to be made in
the form prescribed by the Secretary of Veterans Affairs.
(1) VA will pay educational assistance to a reservist who is
pursuing a standard college degree only after the educational
institution has certified his or her enrollment.
(2) VA will pay educational assistance to a reservist who is
pursuing a course not leading to a standard college degree (other than
a correspondence course, a course of flight training, or an
apprenticeship or other on-job training) only after:
(i) The educational institution has certified his or her enrollment
in the form prescribed by the Secretary of Veterans Affairs; and
(ii) VA has received a report by the reservist, which report is
endorsed by the educational institution, of--
(A) Each day of absence that occurred before December 18, 1989; or
(B) A verification of pursuit from the reservist of training that
occurred on or after December 18, 1989.
(3) VA will pay educational assistance to a reservist pursuing a
program of apprenticeship or other on-job training only after:
(i) The training establishment has certified his or her enrollment
in the training program in the form prescribed by the Secretary of
Veterans Affairs; and
(ii) VA has received certification by the reservist and the
training establishment of the reservist's hours worked.
(4) VA will pay educational assistance to a reservist who is
pursuing a correspondence course only after:
(i) The educational institution has certified his or her enrollment
in the form prescribed by the Secretary of Veterans Affairs; and
(ii) VA has received a certification by the reservist, which
certification is endorsed by the educational institution, as to the
number of lessons completed and serviced by the educational
institution.
(5) VA will pay educational assistance to a reservist who is
pursuing a flight course only after:
(i) The educational institution certifies the reservist's
enrollment in the form prescribed by the Secretary of Veterans Affairs;
and
(ii) VA has received a report by the reservist of the flight
training the reservist has completed, which report is endorsed by the
educational institution.
[[Page 29307]]
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3680)
* * * * *
15. In Sec. 21.7642, paragraph (a)(6) is amended by removing ``38''
and adding, in its place, ``10''; paragraph (d)(3) is amended by
removing ``during any period that full salary is being paid to him or
her as an employee of the United States''; and paragraphs (a)(7) and
(a)(8) are revised, and paragraphs (a)(9) and (e) are added, to read as
follows:
Sec. 21.7642 Nonduplication of educational assistance.
(a) * * *
(7) Section 903 of the Department of Defense Authorization Act,
1981;
(8) The Hostage Relief Act of 1980; or
(9) The Omnibus Diplomatic Security Act of 1986.
(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3695; sec. 705(a)(1), Pub.
L. 98-525, 98 Stat. 2565, 2567; secs. 642(c), (d), Pub. L. 101-189,
103 Stat. 1457-1458)
* * * * *
(e) Service Members Occupational Conversion and Training Act of
1992. A reservist may not receive educational assistance under the
Montgomery GI Bill--Selected Reserve program during the period for
which benefits are payable under the Service Members Occupational
Conversion and Training Act of 1992.
(Authority: Sec. 4492(a), Pub. L. 102-484, 106 Stat. 2765-2766)
16. Section 21.7645 is added, immediately after the cross-reference
that follows Sec. 21.7644, to read as follows:
Sec. 21.7645 Work-study allowance.
(a) Eligibility. Reservists pursuing three-quarter-time or full-
time programs of education or training under 10 U.S.C. chapter 1606 are
eligible to receive a work-study allowance.
(Authority: 38 U.S.C. 3485)
(b) Selection criteria. Whenever feasible, VA will give priority in
selection for the work-study allowance to veterans with service-
connected disabilities rated at 30 percent or more. VA shall consider
the following additional selection criteria:
(1) Need of the reservist to augment his or her educational
assistance allowance;
(2) Availability to the reservist of transportation to the place
where his or her services are to be performed;
(3) Motivation of the reservist; and
(4) Compatibility of the work assignment to the reservist's
physical condition.
(Authority: 38 U.S.C. 3485)
(c) Utilization. The service for which the reservist is being paid
a work-study allowance may be utilized in connection with--
(1) Outreach services programs as carried out under the supervision
of a VA employee;
(2) Preparation and processing of necessary papers and other
documents at educational institutions or regional offices or facilities
of VA;
(3) Hospital and domiciliary care and medical treatment at VA
facilities;
(4) Activities relating to the administration of 10 U.S.C. chapter
1606 (or 10 U.S.C. chapter 106 as in effect before December 1, 1994),
at Department of Defense facilities, Coast Guard facilities, or
National Guard facilities; and
(5) Any other appropriate activity of VA.
(Authority: 38 U.S.C 3485)
(d) Rate of payment. (1) In return for the reservist's agreement to
perform services for VA totaling 25 hours times the number of weeks
contained in an enrollment period, VA will pay an allowance in an
amount equal to the higher of--
(i) The hourly minimum wage in effect under section 6(a) of the
Fair Labor Standards Act of 1938 times the number of hours the
reservist has agreed to work; or
(ii) The hourly minimum wage under comparable law of the State in
which the services are to be performed times the number of hours the
reservist has agreed to work.
(2) VA will pay proportionately less to reservists who agree to
perform a lesser number of hours of services.
(Authority: 38 U.S.C. 3485)
(e) Payment in advance. (1) For work-study commencing during the
period beginning on May 1, 1990, and ending on October 28, 1992, VA
will pay in advance an amount equal to 40 percent of the total amount
payable under the contract.
(2) For work-study commencing after October 28, 1992, VA will pay
in advance an amount equal to the lesser of the following:
(i) 40 percent of the total amount payable under the contract; or
(ii) An amount equal to 50 times the applicable minimum hourly wage
in effect on the date the contract is signed.
(Authority: 38 U.S.C. 3485)
(f) Reservist reduces rate of training. In the event the reservist
ceases to be at least a three-quarter-time student before completing an
agreement, the reservist, with the approval of the Director of the VA
field station or his or her designee, may be permitted to complete the
unworked portion of an agreement in the same term, quarter, or semester
in which the reservist ceases to be at least a three-quarter-time
student or in the immediately following term, quarter, or semester.
(Authority: 38 U.S.C. 3485)
(g) Reservist terminates training. (1) If the reservist terminates
all training before completing an agreement, the Director of the VA
field station or his or her designee--
(i) May permit him or her to complete the portion of the agreement
represented by the money VA has advanced the reservist for which he or
she has performed no service, but
(ii) Will not permit him or her to complete that portion of an
agreement for which no advance has been made.
(2) The reservist must complete the allowed portion of an agreement
in the same or immediately following term, quarter, or semester in
which the reservist terminates training.
(Authority: 38 U.S.C. 3485)
(h) Indebtedness for unperformed service. (1) If the reservist has
received an advance for hours of unperformed service, and VA has
evidence upon which the Director of the VA Regional Office of
jurisdiction or his or her designee concludes that the reservist does
not intend to perform that service, the advance--
(i) Will be deemed a debt due the United States; and
(ii) Will be subject to recovery the same as any other debt due the
United States.
(2) The amount of indebtedness for each hour of unperformed service
shall equal the hourly wage that formed the basis for the contract.
(Authority: 38 U.S.C. 3485)
17. In Sec. 21.7653, the section heading and paragraphs (c) and (d)
are revised, and paragraph (e) is added, to read as follows:
Sec. 21.7653 Progress, conduct, and attendance.
* * * * *
(c) Satisfactory attendance. In order to receive educational
assistance for pursuit of a program of education, a reservist must
maintain satisfactory course attendance. VA will discontinue
educational assistance if the reservist does not maintain satisfactory
course attendance. Attendance is unsatisfactory if the reservist does
not attend according to the regularly prescribed standards of the
educational institution in which he or she is enrolled.
[[Page 29308]]
(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3474; sec. 705(a)(1), Pub.
L. 98-525, 98 Stat. 2565, 2567; sec. 642 (c), (d), Pub. L. 101-189,
103 Stat. 1457-1458)
(d) Reports. At times the unsatisfactory progress, conduct, or
course attendance of a reservist is caused by or results in his or her
interruption or termination of training. If this occurs, the
interruption or termination shall be reported in accordance with
Sec. 21.7656(a). If the reservist continues in training despite making
unsatisfactory progress, the fact of his or her unsatisfactory progress
must be reported to VA within the time allowed by paragraphs (d)(1),
(d)(2), and (d)(3) of this section.
(1) A reservist's progress may become unsatisfactory as a result of
the grades he or she receives. The educational institution shall report
such unsatisfactory progress to VA in time for VA to receive it before
the earlier of the following dates is reached:
(i) Thirty days from the date on which the school official who is
responsible for determining whether a student is making progress first
receives the final grade report which establishes that the reservist is
not progressing satisfactorily; or
(ii) Sixty days from the last day of the enrollment period during
which the reservist earned the grades that caused him or her to meet
the unsatisfactory progress standards.
(2) If the unsatisfactory progress of the reservist is caused
solely by any factors other than the grades which he or she receives,
the educational institution shall report the unsatisfactory progress in
time for VA to receive it within 30 days of the date on which the
progress of the reservist becomes unsatisfactory.
(3) The educational institution shall report the unsatisfactory
conduct or attendance of the reservist to VA in time for VA to receive
it within 30 days of the date on which the conduct or attendance of the
reservist becomes unsatisfactory.
(e) Reentrance after discontinuance. In order for a reservist to
receive educational assistance following discontinuance for
unsatisfactory progress, conduct, or attendance, the provisions of this
paragraph must be met.
(1) The reservist's subsequent reentrance into a program of
education may be for the same program, for a revised program, or for an
entirely different program, depending on the cause of the
discontinuance and removal of that cause.
(2) A reservist may reenter following discontinuance because of
unsatisfactory attendance, conduct, or progress when either of the
following sets of conditions exists:
(i) The reservist resumes enrollment at the same educational
institution in the same program of education and the educational
institution has both approved the reservist's reenrollment and
certified it to VA; or
(ii) In all other cases, VA determines that--
(A) The cause of the unsatisfactory attendance, conduct, or
progress in the previous program has been removed and is not likely to
recur; and
(B) The program which the reservist now proposes to pursue is
suitable to his or her aptitudes, interests, and abilities.
(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3474; sec. 705(a)(1), Pub.
L. 98-525, 98 Stat. 2565, 2567; sec. 642 (c), (d), Pub. L. 101-189,
103 Stat. 1457-1458)
(Approved by the Office of Management and Budget under control
number 2900-0552)
18. Section 21.7654 is revised, to read as follows:
Sec. 21.7654 Pursuit and absences.
(a) Verifying pursuit of courses not leading to a standard college
degree. (1) If a reservist is pursuing a course not leading to a
standard college degree and the course is neither a flight course nor a
correspondence course, the reservist must monthly verify pursuit of
that course. The reservist's verification in the form prescribed by the
Secretary will attest to the following items as to the period verified,
when applicable:
(i) Actual attendance;
(ii) Continued enrollment in and pursuit of the course;
(iii) The reservist's unsatisfactory progress, conduct, or
attendance;
(iv) Date of interruption or termination of training;
(v) Changes in the number of credit hours or in the number of clock
hours of attendance;
(vi) The award of nonpunitive grades;
(vii) Any other changes or modifications in the course as certified
at enrollment.
(2) The verification of enrollment or the verification of pursuit
and continued enrollment must--
(i) Contain the information required by paragraph (a)(1) of this
section for release of payment;
(ii) Be signed by the reservist on or after the final date of the
reporting period; and
(iii) Show the date on which it was signed.
(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3680(g); sec. 705(a)(1),
Pub. L. 98-525, 98 Stat. 2565, 2567; sec. 642 (c), (d), Pub. L. 101-
189, 103 Stat. 1457-1458)
(b) Additional requirements for apprenticeships and other on-job
training programs. (1) When a reservist is pursuing an apprenticeship
or other on-job training, he or she must monthly certify training by
reporting the number of hours worked.
(2) The information provided by the reservist must be verified by
the training establishment.
(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3680(a); sec. 705(a)(1),
Pub. L. 98-525, 98 Stat. 2565, 2567; sec. 642(c), (d), Pub. L. 101-
189, 103 Stat. 1457-1458)
(Approved by the Office of Management and Budget under control
number 2900-0553)
19. In Sec. 21.7670, paragraph (d) and reserved paragraph (e) are
removed; paragraph (f) is redesignated as paragraph (d); and the
heading, introductory text, and newly redesignated paragraph (d) are
revised to read as follows:
Sec. 21.7670 Measurement of courses leading to a standard,
undergraduate college degree.
Except as provided in Sec. 21.7672, VA will measure a reservist's
courses as stated in this section.
* * * * *
(d) Other requirements. Notwithstanding any other provision of this
section, in administering benefits payable under 10 U.S.C. chapter
1606, VA shall apply the provisions of Sec. 21.4272 (a), (b), (d), (e)
(except paragraph (e)(4)), (f), (g), and (k).
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3688(b))
20. In Sec. 21.7672, the introductory text of paragraph (b)(1) is
revised, paragraph (b)(2)(ii) is revised, paragraphs (b)(3), (b)(4),
and (b)(5) are added, and paragraph (c) introductory text, paragraph
(d), paragraph (e) introductory text, the heading of paragraph (f),
paragraph (f) introductory text, paragraph (f)(1)(iv), and the
authority citation for paragraph (f) are revised, to read as follows:
Sec. 21.7672 Measurement of courses not leading to a standard college
degree.
* * * * *
(b) Credit-hour measurement--standard method. (1) For new
enrollments that begin before July 1, 1993, VA will measure a
reservist's enrollment in a course not leading to a standard college
degree on a credit-hour basis when all conditions listed in paragraphs
(b)(1)(i) and (b)(1)(ii) of this section are met.
* * * * *
(2) * * *
(ii) Apply the provisions of Sec. 21.4272(g) if one or more of the
[[Page 29309]]
reservist's courses are offered during a nonstandard term.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3688)
(3) For new enrollments beginning on or after July 1, 1993, when a
course is offered by an institution of higher learning in residence on
a standard quarter- or semester-hour basis, VA will measure a
reservist's enrollment in a course not leading to a standard college
degree on the same credit-hour basis as courses leading to a standard
undergraduate degree, as provided in Sec. 21.7670.
(4) For new enrollments beginning on or after July 1, 1993, when a
course is offered in residence on a standard quarter- or semester-hour
basis by an educational institution which is not an institution of
higher learning, VA also will measure on a credit-hour basis as
provided in Sec. 21.7670 a reservist's enrollment in a course not
leading to a standard college degree, provided that the educational
institution requires at least the same number of clock-hours of
attendance as required in paragraph (f) of this section. If the
educational institution does not require at least the same number of
clock-hours of attendance as required in paragraph (f) of this section,
VA will not apply the provisions of Sec. 21.7670, but will measure the
course according to paragraph (f) of this section.
(5) VA will apply the provisions of Sec. 21.4272(g) to new
enrollments beginning on or after July 1, 1993, if one or more of the
reservist's courses are offered during a nonstandard term.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3688(a)(7))
(c) Credit-hour measurement--alternate method. The provisions of
this paragraph apply only to the measurement of new enrollments that
begin before July 1, 1993. Even though courses not leading to a
standard college degree do not qualify for credit-hour measurement as
provided in paragraph (b) of this section, an educational institution
offering courses not leading to a standard college degree may measure
those courses on a quarter- or semester-hour basis as indicated for
collegiate courses in Sec. 21.7670 provided--
* * * * *
(d) Mixed credit-hour and clock-hour measurement (conversion to
equivalent clock hours). The provisions of this paragraph apply to
training occurring on or after December 18, 1989, provided that if the
training resulted from a new enrollment, the enrollment began before
July 1, 1993.
(1) When a course not leading to a standard college degree in which
the reservist is enrolled cannot qualify for credit-hour measurement
under either paragraph (b) or (c) of this section, VA will measure the
course on a combined clock-hour and credit-hour basis when the
provisions of this paragraph are met.
(i) The course in which the reservist is enrolled--
(A) Is offered by an institution of higher learning; and
(B) Does not lead to a standard college degree; and
(ii) The institution of higher learning requires as part of the
reservist's program of education one or more unit subjects for which
credit is granted toward a standard college degree.
(2) When measuring a reservist's enrollment during a semester or
quarter when he or she is pursuing one or more courses which the
educational institution measures on a credit-hour basis, VA will
convert the credit to equivalent clock hours as provided in paragraph
(d)(3) of this section, and combine them with the clock hours of the
other courses measured by the school on that basis, as provided in
paragraph (d)(4) of this section.
(3) VA will--
(i) Determine the equivalent clock hour factor by dividing the
number of clock hours which constitute full time for the enrollment as
stated in paragraph (e) or (f) of this section by the number of credit
hours which constitute a full-time undergraduate enrollment at the
educational institution as stated in paragraph (a) of this section; and
(ii) Except as provided in paragraphs (d)(5) and (d)(6) of this
section, multiply the number of credit hours in which the reservist is
enrolled by the equivalent clock hour factor as determined by paragraph
(d)(3)(i) of this section. This will result in the number of equivalent
clock hours in which the reservist is enrolled.
(4) VA will add the number of clock hours in which the reservist is
enrolled to the number of equivalent clock hours in which he or she is
enrolled.
(i) If the course is nonaccredited and shop practice is an integral
part of the course, the course will be measured as provided in
paragraph (e)(1) of this section with the total number of clock hours
and equivalent clock hours considered to be clock hours for the purpose
of applying that paragraph.
(ii) If the course is nonaccredited and classroom instruction
predominates, the course will be measured as provided in paragraph
(e)(2) of this section with the total number of clock hours and
equivalent clock hours considered to be clock hours for the purpose of
applying that paragraph.
(iii) If the course is accredited and shop practice is an integral
part of the course, the course will be measured as provided in
paragraph (f)(1) of this section with the total number of clock hours
and equivalent clock hours considered to be clock hours for the purpose
of applying that paragraph.
(iv) If the course is accredited and classroom instruction
predominates, the course will be measured as provided in paragraph
(f)(2) of this section with the total number of clock hours and
equivalent clock hours considered to be clock hours for the purpose of
applying that paragraph.
(5) When the number of class sessions per credit hour is so low
that Sec. 21.4272 (f)(2)(ii) or (f)(3) would control the way in which
VA would measure those credit hours, VA will make the calculations
required by paragraph (d)(3)(ii) of this section by multiplying the
number of class sessions determined by the equivalent clock hour
factor.
(6) When the reservist is attending a nonstandard term, VA will
make the calculations required by paragraph (d)(3)(ii) of this section
by determining the equivalent credit hours in which the reservist is
enrolled as provided in Sec. 21.4272(g), and multiplying the equivalent
credit hours by the equivalent clock hour factor.
(7) In calculations required by this paragraph, fractions of an
equivalent clock hour will be dropped.
(Authority: 10 U.S.C. 16136; 38 U.S.C. 3688(e))
(e) Nonaccredited courses--clock-hour measurement for new
enrollments beginning before July 1, 1993. The provisions of this
paragraph apply to new enrollments beginning before July 1, 1993. If,
after having examined the courses in which a reservist is enrolled, VA
concludes that the reservist's enrollment qualifies neither for credit-
hour measurement as provided in paragraphs (b) and (c) of this section
nor for a combination of credit-hour and clock-hour measurement as
provided in paragraph (d) of this section, VA shall measure a
nonaccredited course not leading to a standard college degree as
follows. For the purpose of this paragraph, clock hours and class
sessions mean clock hours and class sessions per week.
* * * * *
(f) Clock-hour measurement. The provisions of this paragraph apply
to enrollments before July 1, 1993, in accredited courses not leading
to a standard college degree, and to all new enrollments on or after
July 1, 1993, in
[[Page 29310]]
courses not leading to a standard college degree. If VA concludes that
the courses in which a reservist is enrolled qualify neither for
credit-hour measurement as provided in paragraph (b) or (c) of this
section nor for a combination of clock-hour and credit-hour measurement
as provided in paragraph (d) of this section, VA shall measure those
courses as follows. (Supervised study shall be excluded from
measurement of all courses to which this paragraph applies.)
(1) * * *
(iv) One-quarter-time training shall be 1 through 10 clock hours
attendance. For attendance of 6 through 10 clock hours, there shall be
not more than one quarter hour rest period allowance. For attendance of
1 through 5 clock hours, there shall be no rest period allowance.
* * * * *
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3688)
21. In Sec. 21.7673, paragraph (a)(2) is removed; paragraph (a)(3)
is redesignated as paragraph (a)(2); and paragraph (a)(1), newly
redesignated paragraph (a)(2), and paragraph (d) are revised, to read
as follows:
Sec. 21.7673 Measurement of concurrent enrollments.
(a) * * *
(1) If VA measures the course at the primary institution on a
credit-hour basis (including a course which does not lead to a standard
college degree, which is being measured on a credit-hour basis as
provided in Sec. 21.7672(b)), and VA measures the courses at the second
school on a clock-hour basis, the clock hours will be converted to
credit hours.
(2) If VA measures the courses pursued at the primary institution
on a clock-hour basis, and VA measures the courses pursued at the
second school on a credit-hour basis, including courses which qualify
for credit-hour measurement on the basis of Sec. 21.7672(b), VA will
convert the credit hours to clock hours to determine the reservist's
training time.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3688)
* * * * *
(d) Standards for measurement the same. If VA measures the courses
pursued at both institutions on either a clock-hour basis or a credit-
hour basis, VA will measure the reservist's enrollment by adding
together the units of measurement for the courses in the second school
and the units of measurement for courses in the primary institution.
The standard for full time will be the full-time standard for the
courses at the primary institution.
(Authority 10 U.S.C. 16136(b); 38 U.S.C. 3688)
Sec. 21.7674 [Amended]
22. In Sec. 21.7674, paragraph (b) is amended by removing
``21.7720(b)(3) of this part'' and adding, in its place,
``21.7720(b)(9)'' and by removing ``21.7672 of this part'' and adding,
in its place, ``21.7672''; and paragraph (c) is amended by removing
``appropriate, if approved under Sec. 21.7720(b)(4) of this part'' and
adding, in its place, ``appropriate''.
23. In Sec. 21.7700, paragraphs (f) and (g) are removed; and the
introductory text, paragraph (a), and the authority citation are
revised, to read as follows:
Sec. 21.7700 State approving agencies.
VA and State approving agencies have the same general
responsibilities for approving courses for training under 38 U.S.C.
chapter 1606 (or 10 U.S.C. chapter 106 as in effect before December 1,
1994) as they do for approving courses for training under 38 U.S.C.
chapter 30 or 32. Accordingly, in administering 10 U.S.C. chapter 1606
(or 10 U.S.C. chapter 106 as in effect before December 1, 1994), VA
will apply the provisions of the following sections:
(a) Sec. 21.4150--Designation,
* * * * *
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3670 through 3676)
24. Section 21.7720 is revised to read as follows:
Sec. 21.7720 Course approval.
(a) Courses must be approved. (1) A course of education offered by
an educational institution must be approved by--
(i) The State approving agency for the State in which the
educational institution is located; or
(ii) The State approving agency which has appropriate approval
authority; or
(iii) VA, where appropriate.
(2) In determining when approval authority rests with the State
approving agency or VA, the provisions of Sec. 21.4250 (b)(3),
(c)(2)(i), (c)(2)(ii), (c)(2)(iii), and (c)(2)(iv) apply.
(3) A course approved under 38 U.S.C. chapter 36 is approved for
purposes of 10 U.S.C. chapter 1606 (or 10 U.S.C. chapter 106 as in
effect before December 1, 1994).
(Authority: 10 U.S.C. 2131(c), 2136(b); 16131(c)(1), 16136(b); 38
U.S.C. 3672; sec. 705(a)(1), Pub. L. 98-525, 98 Stat. 2565, 2567;
sec. 642, Pub. L. 101-189, 103 Stat. 1456-1458)
(b) Course approval criteria. In administering benefits payable
under 10 U.S.C. chapter 1606 (or 10 U.S.C. chapter 106 as in effect
before December 1, 1994), VA and, where appropriate, the State
approving agencies, shall apply the following sections:
(1) Sec. 21.4250 (except paragraph (c)(1))--Approval of courses;
(2) Sec. 21.4251--Period of operation of course;
(3) Sec. 21.4253 (except those portions of paragraphs (b) and (f)
that permit approval of a course leading to a high school diploma)--
Accredited courses;
(4) Sec. 21.4254--Nonaccredited courses;
(5) Sec. 21.4255--Refund policy--nonaccredited courses;
(6) Sec. 21.4258--Notice of approval;
(7) Sec. 21.4259--Suspension or disapproval;
(8) Sec. 21.4260--Courses in foreign countries;
(9) Sec. 21.4265 (except paragraphs (a), (e), and (g))--Practical
training approved as institutional training or on-job training;
(10) Sec. 21.4266--Courses offered at subsidiary branches or
extensions; and
(11) Sec. 21.4267--Approval of independent study.
(Authority: 10 U.S.C. 16131(c)(1), 16136(b); 38 U.S.C. 3670 through
3676)
25. Section 21.7722 is revised to read as follows:
Sec. 21.7722 Courses and enrollments which may not be approved.
(a) The Secretary of Veterans Affairs may not approve an enrollment
by a reservist in, and a State approving agency may not approve for
training under 10 U.S.C. chapter 1606 (or 10 U.S.C. chapter 106 as in
effect before December 1, 1994):
(1) A bartending or personality development course;
(2) A course offered by radio;
(3) Except for enrollments in a nurse's aide course approved
pursuant to Sec. 21.4253(a)(5), an institutional course for the
objective of nurse's aide or a nonaccredited nursing course which does
not meet the licensing requirements in the State where the course is
offered; or
(4) Effective October 29, 1992, a nonaccredited course or unit
subject offered entirely or partly by independent study. However, see
Secs. 21.7620(c) and 21.7622(f) concerning payment of educational
assistance to reservists enrolled in such a course.
(Authority: 10 U.S.C. 16131(c)(1), 16136(b); 38 U.S.C. 3452)
(b) A State approving agency (or VA when acting as a State
approving agency) may approve the following courses for training under
10 U.S.C. chapter 1606 (or 10 U.S.C. chapter 106
[[Page 29311]]
as in effect before December 1, 1994), but VA may not approve an
enrollment in any of these courses by a reservist who is limited in the
types of courses he or she may pursue, as provided in Sec. 21.7540
(b)(2) and (b)(3):
(1) A correspondence course;
(2) A cooperative course;
(3) An apprenticeship or other on-job training program;
(4) A nursing course offered by an autonomous school of nursing;
(5) A medical or dental specialty course not offered by an
institution of higher learning;
(6) A refresher, remedial, or deficiency course; or
(7) A course or combination of courses consisting solely of
independent study.
(Authority: 10 U.S.C. 2131(c), 2136(b), 16131(c)(1), 16136(b); 38
U.S.C. 3670 through 3676; sec. 705(a)(1), Pub. L. 98-525, 98 Stat.
2565, 2567; sec. 642, Pub. L. 101-189, 103 Stat. 1456-1458)
[FR Doc. 96-14369 Filed 6-7-96; 8:45 am]
BILLING CODE 8320-01-P
