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(vi) Has a planned program of activities described in the school's official publication which is approved by the State approving agency and which is institutional in nature as distinguished from training on-the-job. The description shall include at least:

(a) A unit subject description;

(b) A provision for an assigned instructor;

(c) A statement that the planned program of activities is controlled by the school, not by the officials of the job establishment;

(d) A requirement that class attendance on at least a weekly basis be regularly scheduled to provide for interaction between instructor and student;

(e) A statement that appropriate assignments are required for completion of the course;

A grading system similar to the system used for other resident subjects offered by the school; and

(g) A schedule of time required for the training which demonstrates that the student shall spend at least as much time in preparation and training as is normally required by the school for its other resident courses.

(g) Nonaccredited courses. Any nonaccredited internship program not given in a school will be recognized as other on-the-job training when it meets the requirements of § 21.4262 and when the program is required for licensure by the State in which it is offered. (See § 21.4275 for measurement.)

[41 FR 26683, June 29, 1976, as amended at 43 FR 25429, June 13, 1978; 49 FR 39545, Oct. 9, 1984]

§ 21.4266 Courses offered at subsidiary branches or extensions.

(a) General. A State approving agency in approving a course offered at a subsidiary branch or extension of an educational institution may either approve the course separately from the course approved for the educational institution's parent facility (either its main campus or its principal teaching location in a State), or it may combine the approval for courses offered at the branch or extension with that for the courses offered at the educational institution's parent facility. The choice made by the State approving

agency shall be governed by the provisions of this section.

(b) Combined approval. If the approval for the courses offered at a branch or extension is combined with the approval for the courses offered at the educational institution's parent facility, the branch or extension does not need to have its own administrative capability. In these cases the State approving agency will list the branches or extensions and the courses approved at each on the notice of approval sent to the educational institution pursuant to § 21.4258. The approval of courses offered at a branch or extension may be combined with the approval of courses offered at a parent facility only when the branch or extension is located in the same State as the parent facility and one of the following conditions exist:

(1) The course offering at the branch or extension consists of a small number of unit subjects which do not comprise a program of education or a set curriculum large enough to allow pursuit on a continuing basis;

(2) The course offering at the branch or extension is being given on a temporary basis (the educational institution is contemplating no more than a few cycles of training);

(3) The facilities at the branch or extension contain insufficient space for an administrative capability to be developed.

(c) Separate approval. If the course offered at a subsidiary branch or extension cannot qualify under paragraph (b) of this section for a combined approval with the courses offered at the educational institution's parent facility, the State approving agency can only approve the courses separately. Such a course may not be approved if the branch or extension neither has administrative capability nor can qualify for an exception to having administrative capability.

(1) A branch or extension is considered to have an administrative capability when:

(i) The branch or extension maintains all records and accounts required by § 21.4209;

(ii) The branch or extension designates a named certifying official;

(iii) The branch or extension is able to furnish to the Veterans Administration without resort to the parent school all reports and certifications required by §§ 21.4203, 21.4204 and 21.4205;

(iv) The branch or extension maintains a local mailing address.

(2) Notwithstanding any other provisions of this paragraph courses may be approved separately at a branch or extension without administrative capability if the parent facility within the same State:

(i) Maintains a centralized recordkeeping system;

(ii) Can identify the records of students at each branch;

(iii) Specifies the branch location when certifying enrollments.

(Authority: 38 U.S.C. 1772, 1789(c))

CROSS REFERENCE: Period of operation of course. See § 21.4251.

[43 FR 35303, Aug. 9, 1978, as amended at 44 FR 62503, Oct. 31, 1979]

ASSESSMENT AND PURSUIT OF COURSES

§ 21.4270 Measurement of courses.

(a) Trade, technical, high school and high school preparatory courses shall be measured as stated in this table. Clock hours and class sessions mentioned in this table mean clock hours and class sessions per week.

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15 through 21 clock hours attendance with not more than 14 hours rest period allowance

and not more
than 22

hours of
supervised
study.

12 through 17
clock hours
net
instruction

and not more

than 22

hours of
supervised
study.

11 through 15 clock hours attendance with not more than 11⁄4 hours rest period allowance.

9 through 12 clock hours net

instruction.

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1 An educational institution offering courses not leading to a standard college degree may measure such courses on a quarter or semester hour basis as indicated for collegiate undergraduate courses in paragraph (b) of this section, provided: (1) The academic portions of such courses must require outside preparation and be measured on a minimum of 50 minutes net of instruction per week for each quarter or semester hour of credit, (2) the laboratory portions of such courses must be measured on a minimum of 2 hours of attendance per week for each quarter or semester hour of credit, (3) the shop portions of such courses must be measured on a minimum of 3 hours of attendance per week for each quarter or semester hour of credit. In no event shall such courses be considered a full-time course when less than 22 hours per week of attendance is required. Not more than 2 hours rest period shall be allowed per week for courses in which shop practice is an integral part of full-time courses; 11⁄2 hours or 4 time courses of 16-21 clock hours; 1 hour for 1⁄2 time courses of 11-15 clock hours; or 1⁄2 hour for less than 1⁄2 time courses of 6-10 clock hours; no rest period shall be allowed for courses of less than 6 clock hours of attendance.

2 In measuring net instruction there will be included customary intervals not to exceed 10 minutes between classes. Shop practice and rest periods are excluded. Supervised instruction periods in school's shops, in farm cooperative programs and the time involved in field trips and individual and group instruction may be included in computing the clock hour requirements. 3 Supervised study must be excluded.

*Diploma course or equivalent based on completion of 16 instruction units. If student is pursuing a course at a rate which would result in an accredited academic high school diploma at the end of a 4 ordinary school years, he or she is considered in full-time training. High school diploma courses or equivalent available only for chapters 32 and 34 and eligible spouses and surviving spouses under chapter 35.

5 Diploma course or equivalent based on completion of 16 instruction units. High school diploma courses or equivalent are available only for Chapters 32 and 34 and eligible spouses and surviving spouses under Chapter 35.

(Authority: 38 U.S.C. 1788)

(b) Collegiate graduate, professional and on-the-job training courses shall be measured as stated in this table. This table shall be used for measurement of collegiate undergraduate courses subject to all the measurement criteria of § 21.4272. Clock hours and

class sessions mentioned in this table mean clock hours and class sessions per week.

(Authority: 38 U.S.C. 1682, 1732, 1777, 1787, 1788)

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1 Independent study programs will be measured as provided in § 21.4272(h). Cooperative courses may be measured on a full-time basis only.

2 Where the institution certifies that all undergraduate students enrolled for a minimum of 12 or 13 semester hours or the equivalent are (1) charged full-time tuition, or (2) considered full-time for other administrative purposes, such minimum hours will establish the criteria for full-time measurement.

When 12 hours is properly certified as full-time, 9 through 11 hours will be measured as 4 time, 6 through 8 hours will be measured as 1⁄2 time, 4 through 5 hours will be measured as less than 1⁄2 time and more than 4 time, and 1 through 3 hours will be measured as 4 time or less. All other undergraduate courses will be measured as indicated in the table for undergraduate or professional courses as appropriate, but where 13 credit hours or the equivalent is certified as full time, 34 time will be 10 through 12 hours. When in accordance with § 21.4273(a), a responsible official of a school certifies that a lesser number of hours constitute full time, 3⁄4 time, 1⁄2 time, less than 1⁄2 time and more than 4 time, or 4 time, the certification will be accepted for measurement purposes.

Upon request of a beneficiary, an increase in rates warranted under this criteria may be authorized to him or her effective March 26, 1970, if he or she was enrolled on or after March 26, 1970. The request of the beneficiary will not be required for other payments under this criteria.

To meet criteria for full-time measurement under 38 U.S.C. Chapters 34 and 35 in standard collegiate courses which include required noncredit deficiency courses, in the absence of a certification under § 21.4272(k) the noncredit deficiency courses will be converted on the basis of the applicable measurement criteria, that is, 18, 25 or 30 clock hours, 4 "Carnegie Units", or 12, 13 or 14 (as appropriate) semester hours equal full time. The credit-hours equivalent of such noncredit courses may constitute any portion of the required hours for full-time measurement.

3 Class sessions measured on basis of not less than 50 minutes of classroom instruction. Supervised study periods, class breaks and rest periods are excluded.

* Supervised study must be excluded.

5 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.

In measuring net instruction there will be included customary intervals not to exceed 10 minutes between classes. Shop practice and rest periods are excluded. Supervised instruction periods in school's shops in farm cooperative programs and the time involved in field trips and individual and group instruction may be included in computing the clock hour requirements. 7 For full-time training the 440 clock hours a year may be prescheduled to provide not less than 80 clock hours in any 3month period.

(Authority: 38 U.S.C. 1682, 1732, 1777, 1787, 1788)

[44 FR 62503, Oct. 31, 1979, as amended at 45 FR 73479, Nov. 5, 1980; 48 FR 37992, Aug. 22, 1983; 50 FR 21605, May 28, 1985; 50 FR 43135, Oct. 24, 1985]

§ 21.4271 Trade or technical; high schools. (a) Shop practice predominates. Trade or technical courses, which include shop practice as an integral part of the course, will be measured on a basis of clock hours of attendance per week. This includes such courses under the supervision of a college or university where credit is not given toward a standard college degree.

(b) Theoretical or classroom instruction predominates. A technical course in which theoretical or classroom instruction constitutes more than 50 percent of the required hours per week, will be measured on the basis of clock hours of net instruction per week. This includes such courses given by a college or university for which credit is not granted towards a standard college degree.

(c) High schools. Courses offered at the secondary school level which lead to a high school diploma or the equivalent will be measured on the basis of clock hours of instruction per week, or on the number of units required per year. Enrollment in courses at a secondary school level leading to a high school diploma or the equivalent will not be approved for eligible children under Chapter 35. Eligible spouses and surviving spouses under Chapter 35 may pursue such courses under the Special Assistance for the Educationally Disadvantaged program.

[31 FR 6774, May 6, 1966, as amended at 39 FR 45237, Dec. 31, 1974; 41 FR 47930, Nov. 1, 1976; 43 FR 35307, Aug. 9, 1978]

§ 21.4272 Collegiate course measurement.

The VA will measure a college level course in an institution of higher learning on a credit-hour basis provided all the conditions under paragraph (a), (b), (c)(1) or (c)(2) of this section are met. If a course qualifies for credit-hour measurement, it is still subject to the provisions of paragraph

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(i) Appropriate to the level of the institution of higher learning's accreditation, or

(ii) Appropriate to the level of the institution of higher learning's candidacy for accreditation; and

(4) The course is offered on a semester-hour or quarter-hour basis, and (5) The degree to which the course credits are applicable either

(i) Is granted by the institution of higher learning offering the course, (ii) Is a part of a concurrent enrollment as described in § 21.4233(b), or (iii) Is being pursued by a nonmatriculated student as provided in § 21.4252 (1), (2) or (3).

(b) Degree courses-nonaccredited. The VA will measure on a credit-hour basis a degree course which does not meet the requirements of paragraph (a) of this section when

(1) The course is offered on a semester- or quarter-hour basis, and

(2) The course leads to an associate, baccalaureate, or higher degree, which is granted by the school offering the degree under authority specifically conferred by a State education agency, and

(3) The school will furnish a letter from a State university or letters from

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