[Federal Register Volume 61, Number 14 (Monday, January 22, 1996)]
[Rules and Regulations]
[Pages 1525-1526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-664]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AH33
Veterans Education: Implementation of the Veterans' Benefits
Improvement Act and the Post-Vietnam Era Veterans' Educational
Assistance Program
AGENCIES: Defense and Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends regulations of the Department of Veterans
Affairs (VA) concerning the Post-Vietnam Era Veterans' Educational
Assistance Program (VEAP). It restates statutory requirements and sets
forth VA statutory interpretations regarding provisions of the
Veterans' Benefits Improvement Act of 1994. More specifically, the
regulations are amended by making flight training a permanent part of
VEAP; by providing for approval of courses leading to alternative
teacher certification; by defining ``alternative teacher
certification''; by reflecting that VA is prohibited from functionally
supervising State approving agencies that approve courses for VA
training; and by providing that, in order to be approved for VA
training, a correspondence course must be accredited and at least 50%
of the students completing the course must take at least six months to
complete it.
DATES: Effective Date: This rule is effective January 22, 1996.
Applicability Dates: The restatements of statute and VA's statutory
interpretations contained in this final rule will be applied
retroactively from the effective dates of the statutory provisions. For
more information concerning the application of statutes and statutory
interpretations, see the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director
for Policy and Program Administration, Education Service, Veterans
Benefits Administration, (202) 273-7187.
SUPPLEMENTARY INFORMATION: Regulations concerning the Post-Vietnam Era
Veterans' Educational Assistance Program (VEAP) are contained in 38 CFR
Part 21. This document contains a number of changes to the regulations
based on the Veterans' Benefits Improvement Act of 1994 (Pub. L. 103-
446).
Before the enactment of Pub. L. 103-446, VEAP benefits for pursuit
of flight training were subject to a sunset provision under which no
benefits could be paid for training that occurred after September 30,
1994. Pub. L. 103-446 removed the sunset provision, thus making flight
training a permanent part of VEAP. The provisions of Sec. 21.5250(b)
are amended to reflect this statutory change.
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. The
provisions of Secs. 21.5021(d) and 21.5200 are amended to reflect this
statutory change.
This document also 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 defined in
paragraph (d)(3) of this section, means a program leading to a
teacher 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.
Beginning in 1989, VA was permitted by statute to functionally
supervise the State approving agencies that approve courses for VA
training. Pub. L. 103-446 contains a provision that now prohibits VA
from doing this. The provisions of Sec. 21.5150 are amended to reflect
this statutory change.
Public Law 103-446 requires that, in order to be approved for VA
training, a correspondence course must be accredited and at least 50%
of the students completing the course must take at least six months to
complete it. The provisions of Sec. 21.5250(a) are amended to reflect
this statutory change.
The restatements of statute and statutory interpretations contained
in this final rule will be applied retroactively from the effective
dates of the statutory provisions. The dates of application for
provisions covered by this document are as follows:
October 1, 1994: 38 CFR 21.5250(b).
November 2, 1994: Secs. 21.5021(d), 21.5021(y), 21.5150, introductory
text, and 21.5200(a).
January 31, 1995: Sec. 21.5250(a).
The Secretary of Veterans Affairs and the Secretary of Defense
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 merely restates statutory changes and sets forth statutory
interpretations. Accordingly, no proposed rulemaking was required in
connection with the adoption of this final rule. Pursuant to 5 U.S.C.
605(b), this final rule is exempt from the initial and final regulatory
flexibility analyses requirements of sections 603 and 604.
Under 5 U.S.C. 553 there is a basis for dispensing with prior
notice and comment and for dispensing with a 30-day delay of the
effective date since this final rule merely restates statutory
provisions and sets forth statutory interpretations.
[[Page 1526]]
The Catalog of Federal Domestic Assistance number for the program
affected by this final rule is 64.120.
List of Subjects in 38 CFR Part 21
Civil rights, Claims, Education, Grant programs-education, Loan
programs-education, Reporting and recordkeeping requirements, Schools,
Veterans, Vocational education, Vocational rehabilitation.
Approved: December 4, 1995.
Jesse Brown,
Secretary of Veterans Affairs.
Samuel E. Ebbesen,
Lieutenant General, USA, Deputy Assistant Secretary, (Military
Personnel Policy) Department of Defense.
For the reasons set out in the preamble, 38 CFR part 21, subpart G
is amended as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart G--Post-Vietnam Era Veterans' Educational Assistance Under
38 U.S.C. Chapter 32
1. The authority citation for part 21, subpart G is revised to read
as follows:
Authority: 38 U.S.C. chapter 32, unless otherwise noted.
2. In Sec. 21.5021, paragraph (d) and its authority citation are
revised and paragraph (y) and its authority citation are added to read
as follows:
Sec. 21.5021 Definitions.
* * * * *
(d) School, educational institution, institution. The terms,
school, educational institution, and institution mean--
(1) Any vocational school, business school, correspondence school,
junior college, teacher's college, college, normal school, professional
school, university or scientific or technical institution;
(2) Any public or private elementary school or secondary school
which offers courses for adults; and
(3) An 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: 38 U.S.C. 3202(2), 3452(c))
* * * * *
(y) 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 (d)(3) of this section, means a
program leading to a teacher 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: 38 U.S.C. 3202(2), 3452(c))
3. In Sec. 21.5150, the introductory text is revised to read as
follows:
Sec. 21.5150 State approving agencies.
In administering chapter 32, title 38, United States Code, VA will
apply the provisions of the following sections:
* * * * *
4. In Sec. 21.5200, paragraph (a) is revised to read as follows:
Sec. 21.5200 Schools.
* * * * *
(a) Section 21.4200--Definitions (with the exception of paragraph
(a)).
* * * * *
5. In Sec. 21.5250, paragraph (a), introductory text, and paragraph
(b) are revised, to read as follows:
Sec. 21.5250 Courses.
(a) General. In administering benefits payable under chapter 32,
title 38, U.S.C. VA and, where appropriate, the State approving
agencies shall apply the following sections:
* * * * *
(b) Flight courses. In administering benefits payable for flight
training under chapter 32, title 38, U.S.C., VA and the State approving
agencies will apply the provisions of Sec. 21.4263 of this part.
Educational assistance allowance is payable only for flight training
undertaken by a veteran or serviceperson after March 31, 1991.
* * * * *
[FR Doc. 96-664 Filed 1-19-96; 8:45 am]
BILLING CODE 8320-01-P
