[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Proposed Rules]
[Pages 5357-5358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2950]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AH39
Veterans Education: Course Measurement for Graduate Courses
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: This document proposes to amend the ``ADMINISTRATION OF
EDUCATIONAL BENEFITS'' regulations to provide that all undergraduate
courses taken by graduate students are to be measured by the graduate
school (full time, half time, quarter time, etc.) or by the formula
used for measuring undergraduate courses for undergraduate students,
whichever results in a higher monthly rate for the veteran. Students
receive benefits based on the assessment of their training time (full
time, half time, quarter time, etc.). It appears that graduate schools,
often with unique programs, have the most expertise for assessing the
training status for their own programs. Also, it appears that they
realistically report the training status of graduate students. Even so,
we do not believe that graduate students should be paid a lower monthly
rate than undergraduate students for the same training. Hence, it
appears that the adoption of this change would streamline the process
while yielding equitable results.
DATES: Comments must be received on or before April 12, 1996.
ADDRESSES: Send written comments to: Director, Office of Regulations
Management (02D), Department of Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420, or hand deliver written comments to: Office
of Regulations Management, Room 1176, 801 Eye Street, NW., Washington
DC 20001. Comments should indicate that they are submitted in response
to ``RIN 2900-AH39.'' All written comments received will be available
for public inspection only in the Office of Regulations Management
between the hours of 8 a.m. to 4:30 p.m., Monday through Friday (except
holidays).
FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director
for Policy and Program Administration, Education Service, Veterans
Benefits Administration, (202) 273-7187.
SUPPLEMENTARY INFORMATION: Under the ``ADMINISTRATION OF EDUCATIONAL
BENEFITS'' regulations (set forth at 38 CFR subpart D and referred to
below as the regulations) students receive benefits based on the
assessment of their training time (full time, half time, quarter time,
etc.). This document proposes to amend the regulations by changing the
method of measuring training time for undergraduate courses that are
taken by graduate students.
VA regulations specify, with certain exceptions, that undergraduate
students pursuing undergraduate courses of 14 hours for standard terms
are to be designated as full-time students. VA regulations contain
corresponding provisions for less than full time (half time, quarter
time, etc.). These measurement provisions for undergraduate students
are mandated by statutory requirements (38 U.S.C. 3688). The current
regulations measure the enrollment of graduate students in
undergraduate courses in the same manner as for undergraduate students.
However, the current regulations measure the enrollment of graduate
students in graduate courses according to the school's assessment of
part-time or full-time training status rather than using a formula.
Accordingly, if a graduate student enrolled for a combination of
seven undergraduate credit hours (which is half time under the
statutory 14 credit-hour full-time system), and a number of graduate
hours assessed as half time by his or her school, then the graduate
student would be considered a full-time student for VA education
purposes.
The provisions of 38 U.S.C. 3688 state that VA has discretion in
determining how to measure graduate courses. Consistent with this
authority, this document proposes to amend the regulations to provide
for all undergraduate courses of graduate students to be measured by
the graduate schools' assessment (full time, half, quarter time, etc.)
or by the formula used for measuring undergraduate courses for
undergraduate students, whichever results in a higher monthly rate for
the veteran.
Based on Department expertise, it appears that graduate schools,
often with unique programs, have the most expertise for assessing the
training status for their own programs. Also, it appears that they
realistically report the
[[Page 5358]]
training status of graduate students. Even so, we do not believe that
graduate students should be paid a lower monthly rate than
undergraduate students for the same training. Hence, it appears that
the adoption of the proposal would streamline the process while
yielding equitable results.
Also, the proposal contains a nonsubstantive change to 38 C.F.R.
21.4273(a)(2) for purposes of clarity.
The Secretary of Veterans Affairs certifies that this regulatory
amendment 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 amendment will affect only
individuals and will not directly affect any small entities. Therefore,
pursuant to 5 U.S.C. 605(b), this amendment is exempt from the initial
and final regulatory flexibility requirements of sections 603 and 604.
The Catalog of Federal Domestic Assistance numbers for the programs
affected by this proposal are 64.117, 64.120, and 64.124.
List of Subjects in 38 CFR Part 21
Administrative practice and procedure, Armed forces, Civil rights,
Claims, Colleges and universities, Conflict of interests, Defense
Department, Education, Employment, Grant programs--education, Grant
programs--veterans, 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: February 1, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR part 21, subpart D
is proposed to be amended as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart D--Administration of Educational Benefits; 38 U.S.C.
Chapters 34, 35 and 36
1. The authority citation for part 21, subpart D continues to read
as follows:
Authority: 38 U.S.C. 501(a).
2. In Sec. 21.4273, paragraph (a)(2) is amended by removing
``assessed'' and adding, in its place, ``measured''; and paragraph (c)
is revised and its authority citation is added to read as follows:
Sec. 21.4273 Collegiate graduate.
* * * * *
(c) Undergraduate or combination. If a graduate student is enrolled
in both graduate and undergraduate courses concurrently, or solely in
undergraduate courses, VA will measure such an enrollment using the
provisions of Sec. 21.4272 or the graduate school's assessment of
training time, whichever will result in a higher monthly rate for the
veteran.
(Authority: 38 U.S.C. 3668(b))
[FR Doc. 96-2950 Filed 2-9-96; 8:45 am]
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