[Federal Register Volume 62, Number 232 (Wednesday, December 3, 1997)]
[Rules and Regulations]
[Pages 63848-63850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31628]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AH91
Veterans Education: Approval of Correspondence Programs or
Courses
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the VA-administered educational
assistance and educational benefits regulations concerning approval of
programs of education pursued exclusively by correspondence and the
correspondence portion of correspondence-residence courses for
Department of Veterans Affairs (VA) training. A number of changes are
made to conform to statutory changes. The regulations are also amended
to require that the educational institution offering a correspondence
program or course certify to the State approving agency (SAA) that at
least 50 percent of those pursuing the program or course require six
months or more to complete it based on the six-month period immediately
preceding the educational institution's application for approval. The
certification is to enable the SAA to determine whether the program or
course meets the statutory requirement that at least 50 percent of
those pursuing the program or course require six months or more to
complete it. The regulations are also amended to expressly provide that
the SAA may periodically review the program or course approvals already
granted and that this determination would be based
[[Page 63849]]
on the records of the school for a two-year period reasonably related
to the date on which such review is conducted. These periods are
appropriate to determine compliance with the statutory requirements.
Further, due to the deletion of the statutory basis for its adoption,
the requirement that the program or course must require not less than
six hours preparation per week over any 26-week period is deleted, and
related requirements for SAAs are changed. In addition, this document
clarifies that the provisions concerning enrollments in the program or
course apply not only to eligible veterans, spouses, and surviving
spouses, but also to reservists. Other changes are made for purposes of
clarity.
DATES: Effective Date: January 2, 1998.
FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director
for Policy and Program Administration, Education Service, Veterans
Benefits Administration, 202-273-7187.
SUPPLEMENTARY INFORMATION: In a document published in the Federal
Register on July 1, 1997 (62 FR 35464), VA proposed to amend the
``Administration of Educational Assistance Programs'' regulations which
are set forth in 38 CFR 21.4001 et seq. It was proposed to amend the
regulations at Secs. 21.4256 and 21.4279 to reflect amended statutory
provisions contained in the Veterans' Benefits Improvement Act of 1994,
Public Law 103-446. These provisions:
Require that programs of education offered exclusively by
correspondence or the correspondence portion of a correspondence-
residence course may be approved for VA training only if they are
offered by an accredited educational institution;
Negate the prior regulatory requirement providing that the
normal period required to complete a program of education by
correspondence or the correspondence portion of a combination
correspondence-residence course may not be less than six months; and
Impose a requirement that at least 50 percent of those
pursuing the program or course shall require six months or more to
complete it.
In addition to these statutory requirements, VA proposed to:
Require an SAA when reviewing an application for a new
correspondence program or course approval to determine whether it meets
the course completion requirements based on the six-month period
immediately preceding the educational institution's application for
approval;
Permit SAAs to review periodically correspondence program
or course approvals already granted to determine whether the completion
requirement was met by examining a prior two-year period reasonably
related to the date on which such review is conducted.
Remove the regulatory requirement that a correspondence
program or course must require at least six hours of preparation per
week over any 26-week period;
Require that correspondence-residence courses would have
to meet the same course completion criteria as correspondence programs,
including the time periods during which the SAA will determine whether
the course completion criterion have been met; and
Clarify that the provisions concerning enrollments in
correspondence courses apply not only to eligible veterans, spouses,
and surviving spouses, but also to reservists.
Interested persons were given 63 days to submit comments. We
received no comments. Accordingly, based on the rationale set forth in
the proposed rule document, we are adopting the provisions of the
proposed rule as a final rule.
Paperwork Reduction Act of 1995
Information collection and recordkeeping requirements associated
with this final rule (38 CFR 21.4256(a)(1), 21.4256(b)(3), and 21.4279)
have been approved by OMB under the provisions of the Paperwork
Reduction Act (44 U.S.C. 3501-3520) and have been assigned OMB control
numbers 2900-0575 and 0576. These regulations require that an
educational institution offering a program of education by
correspondence or the correspondence portion of a correspondence-
residence course would have to certify to the SAA that at least 50
percent of those pursuing the program or course require six months or
more to complete it in order to have that program or course approved
for VA training. There is no VA form to collect this information;
therefore, there is no corresponding form number.
VA is not authorized to impose a penalty on persons for failure to
comply with information collection requirements which do not display a
current OMB control number, if required.
Regulatory Flexibility Act
The Secretary of Veterans Affairs certifies 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. Although it is possible that small entities could be
among the educational institutions affected by this rulemaking, this
final rule would have only a minuscule effect on any educational
institution. 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.
The Catalog of Federal Domestic Assistance numbers for programs
affected by this final rule are 64.117, 64.120, and 64.124. This final
rule will also affect the Montgomery GI Bill--Selected Reserve program,
for which there is no Catalog of Federal Domestic Assistance number.
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: October 30, 1997.
Hershel W. Gober,
Acting Secretary of Veterans Affairs.
For the reasons set out above, 38 CFR part 21, subpart D, is
amended as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart D--Administration of Educational Assistance Programs
1. The authority citation for part 21, subpart D, is revised to
read as follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), chs. 30, 32,
34, 35, 36, unless otherwise noted.
2. Section 21.4256 is revised to read as follows:
Sec. 21.4256 Correspondence programs and courses.
(a) Approval of correspondence programs and courses. (1) An
educational institution desiring to enroll veterans under 38 U.S.C.
chapter 30 or 32, spouses and/or surviving spouses under 38 U.S.C.
chapter 35, and/or reservists under 10 U.S.C. chapter 1606 in a program
of education to be pursued exclusively by correspondence, or in the
correspondence portion of a combination correspondence-residence
[[Page 63850]]
course, may have the program or course approved only when the
educational institution meets the requirements of Secs. 21.4252(e),
21.4253, and 21.4279, as applicable.
(The information collection requirements in this section have been
approved by the Office of Management and Budget under control number
2900-0575)
(Authority: 38 U.S.C. 3672(e))
(2) The application of an educational institution for approval of a
program of education to be pursued exclusively by correspondence or the
correspondence portion of a combined correspondence-residence course
must demonstrate that the program or course is satisfactory in all
elements. The educational institution must certify to the State
approving agency that at least 50 percent of those pursuing the program
or course require six months or more to complete it. For applications
for approval that are pending approval by the State approving agency on
February 2, 1995, and for applications received by the State approving
agency after that date, the required certification shall be based on
the experience of students who completed the program or course during
the six-month period immediately preceding the educational
institution's application for approval.
(Authority: 38 U.S.C. 3672(e))
(3) State approving agencies have the authority to review
periodically the length of time needed to complete each approved
correspondence program or approved correspondence-residence course in
order to determine whether the program or course should continue to be
approved. In implementing this authority, a State approving agency will
examine the results over a prior two-year period reasonably related to
the date on which such a review is conducted.
(Authority: 38 U.S.C. 3672(e))
(b) Enrollment agreement. (1) An educational institution offering a
program of education to be pursued exclusively by correspondence must
enter into an enrollment agreement with the veteran, spouse, surviving
spouse, or reservist who wishes to receive educational assistance from
VA while pursuing the program. The enrollment agreement shall disclose
fully the obligations of the institution and the veteran, spouse,
surviving spouse, or reservist, and shall display in a prominent place
on the agreement the conditions for affirmance, termination, refund,
and payment of the educational assistance by VA.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3686(a)(1), 3686(b))
(2) A copy of the agreement shall be given to the veteran, spouse,
surviving spouse, or reservist when it is signed.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3686(b))
(3) The agreement shall not be effective unless the veteran,
spouse, surviving spouse, or reservist after the expiration of 10 days
after the agreement is signed, shall have signed and submitted to VA a
written statement, with a signed copy to the institution, specifically
affirming the agreement.
(The information collection requirements in this section have been
approved by the Office of Management and Budget under control number
2900-0576)
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3686(b))
(c) Mandatory refund policy. (1) Upon notification of the
educational institution by the veteran, spouse, surviving spouse, or
reservist of an intention not to affirm the enrollment agreement, any
fees paid by the individual shall be returned promptly in full to him
or her.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3686(c))
(2) Upon termination of enrollment under an affirmed enrollment
agreement for training in the accredited course by the veteran, spouse,
surviving spouse, or reservist, without having completed any lessons, a
registration fee not in excess of 10 percent of the tuition for the
course or $50, whichever is less, may be charged him or her. When the
individual terminates the agreement after completion of less than 25
percent of the lessons of the course, the institution may retain the
registration fee plus 25 percent of the tuition. When the individual
terminates the agreement after completing 25 percent but less than 50
percent of the lessons, the institution may retain the registration fee
plus 50 percent of the tuition for the course. If 50 percent or more of
the lessons are completed, no refund of tuition is required.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3686(c))
(3) Where the school either has or adopts an established policy for
the refund of the unused portion of tuition, fees, and other charges
subject to proration, which is more favorable to the veteran, spouse,
surviving spouse, or reservist than the pro rata basis as provided in
paragraph (b)(2) of this section, such established policy will be
applicable.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3686(c))
(4) Any institution that fails to forward any refund due to the
veteran, spouse, surviving spouse, or reservist within 40 days after
receipt of a notice of termination or disaffirmance, shall be deemed,
prima facie, to have failed to make a prompt refund as required by this
section.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3686(c))
3. In Sec. 21.4279, paragraph (a) introductory text and paragraph
(a)(4) are revised, and paragraph (a)(5) is added, to read as follows:
Sec. 21.4279 Combination correspondence-residence program.
(a) Requirements for pursuit. A program of education may be pursued
partly in residence and partly by correspondence for the attainment of
a predetermined and identified objective under the following
conditions:
* * * * *
(4) The educational institution offering the course is accredited
by an agency recognized by the Secretary of Education; and
(5) The State approving agency has approved the correspondence-
residence course and has verified compliance with the requirement of 38
U.S.C. 3672(e) and Sec. 21.4256(a) that at least 50 percent of those
pursuing the correspondence-residence course require six months or more
to complete it.
(The information collection requirements in this section have been
approved by the Office of Management and Budget under control number
2900-0575.)
(Authority: 38 U.S.C. 3672(e))
* * * * *
[FR Doc. 97-31628 Filed 12-2-97; 8:45 am]
BILLING CODE 8320-01-P
