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be resolved in accordance with the disputes article of the contract and with appropriate procurement regulations.

(Authority: 41 U.S.C. 602) (31 FR 6774, May 6, 1966, as amended at 40 FR 42880, Sept. 17, 1975; 43 FR 35296, Aug. 9, 1978; 44 FR 62498, Oct. 31, 1979; 48 FR 37983, Aug. 22, 1983; 51 FR 16316, May 2, 1986; 54 FR 49757, Dec. 1, 1989; 61 FR 20728, May 8, 1996; 61 FR 26114, May 24, 1996)

on standards developed by VA State approving agencies. VA sha vide each State approving ager opportunity to comment upon th uation.

(2) VA shall take into account 1 sult of the annual evaluation of a approving agency when negotiati terms and conditions of a contr agreement as provided in $21.415 this part.

$21.4154 Report of activities.

(Authority: 38 U.S.C. 3674A(a); Pub. 323)

(b) Development of a training riculum. (1) VA shall cooperate State approving agencies in deve and implementing a uniform na curriculum, to the extent practi for

(i) Training new employees of approving agencies, and

(ii) Continuing the training employees of the State approving cies.

(2) VA with the State app agencies shall sponsor the trainin continuation of training providi this paragraph.

(Authority: 38 U.S.C. 3674A; Pub. L. 100

(c) Development, adoption and ap tion of qualification and perfori standards for employees of State aj ing agencies. (1) VA shall:

(i) Develop with the State appr agencies prototype qualification performance standards;

(ii) Prescribe those standards State approving agency use in th velopment of qualification and formance standards for State ap ing agency personnel carrying out proval responsibilities under a cont or agreement as provided in $21.41 of this part; and

(iii) Review the prototype quali tion and performance standards the State approving agencies no frequently than once every five yea

(2) In developing and applying st ards described in paragraph (d)d this section, a State approving ag may take into consideration State's merit system requirements other local requirements and co tions. However, no State appro agency may develop, adopt or a qualification or performance stand

(a) State approving agencies must report their activities. Each State approving agency entering into a contract or agreement under $21.4153 of this part must submit a report of its activities to VA. The report may be submitted monthly or quarterly by the State approving agency as provided in the contract or agreement.

(Authority: 38 U.S.C. 3674; Pub. L. 100_323)

(b) Content of the report. The report:

(1) Shall be in the form prescribed by the Secretary;

(2) Shall detail the activities of the State approving agencies under the agreement or contract during the preceding month or quarter, as appropriate;

(3) May include, at the option of the State approving agency, a cumulative report of its activities from the beginning of the fiscal year to date;

(4) Shall describe the services performed and the determination made in supervising and ascertaining the qualifications of educational institutions in connection with the programs of the Department of Veterans Affairs; and

(5) Shall include other information as the Secretary may prescribe.

(Authority: 38 U.S.C. 3674) (Approved by Office of Management and Budget under control number 2900-0051) (49 FR 26227, June 27, 1984, as amended at 54 FR 49757, Dec. 1, 1989; 57 FR 28087, June 24, 1992]

821.4155 Evaluations of State approv

ing agency performance. (a) Annual evaluations required. (1) VA shall conduct in conjunction with State approving agencies an annual evaluation of each State approving agency. The evaluation shall be based

(5) 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 for completion of a State-approved alternative teacher certification program.

that do not meet the requirements of paragraph (d)(3) of this section.

(3) The qualification and performance standards adopted by the State approving agency shall describe a level of qualification and performance which shall equal or exceed the level of qualification and performance described in the prototype qualification and performance standards developed by VA with the State approving agencies. The State approving agency may amend or modify its adopted qualification and performance standards annually as circumstances may require.

(4) VA shall provide assistance in developing these standards to a State approving agency that requests it.

(5) After November 19, 1989, each State approving agency carrying out a contract or agreement with VA under $21.4153(a) shall:

(i) Apply qualification and performance standards based on the standards developed under this paragraph, and

(ii) Make available to any person, upon request, the criteria used to carry out its functions under a contract or agreement entered into under $21.4153(a) of this part.

(6) A State approving agency may not apply these standards to any person employed by the State approving agency on May 20, 1988, as long as that person remains in the position in which the person was employed on that date.

(Authority: 38 U.S.C. 3452)

(b) Divisions of the school year. (1) Ordinary School Year is generally a period of 2 semesters or 3 quarters which is not less than 30 nor more than 39 weeks in total length.

(2) Term, any regularly established division of the ordinary school year under which the school operates.

(3) Quarter, a division of the ordinary school year, usually a period from 10 to 13 weeks long.

(4) Semester, a division of the ordinary school year, usually a period from 15 to 19 weeks long.

(5) Summer term, the whole of the period of instruction at a school which takes place between ordinary school years. A summer term may be divided into several summer sessions.

(Authority: 38 U.S.C. 3680(a))

(6) Summer session, any division of a summer term.

Anthority: 38 U.S.C. 3674 A(b); Pub. L. 100–

154 FR 49757, Dec. 1, 1989, as amended at 61 TR 29296, June 10, 1996)

SCHOOLS

(Authority: 38 U.S.C. 3680(a))

(c) Training establishment. The term means any establishment providing apprentice or other training on-the-job, including those under the supervision of a college or university or any State department of education, or any State apprenticeship agency, or any State board of vocational education, or any joint apprenticeship committee, or 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.

$21.4200 Definitions.

(a) School, educational institution, institution. The terms school, educational institution and institution mean:

(1) A vocational school or business school:

(2) A junior college, teachers' college, college, normal school, professional school, university, or scientific or technical institution;

(3) A public or private elementary school or secondary school;

(4) A training establishment as defined in paragraph (c) of this section;

(38 U.S.C. 3452(e), 3501(a)(9))

(d) External degree. This term means a standard college degree given by an accredited college or university based on satisfactory completion of a prescribed program of independent study. The program may require occasional attendance for a workshop or seminar and may include some regular residence course work.

(e) Standard college degree. The term means an associate or higher degree awarded by:

(1) An institution of higher learning that is accredited as a collegiate institution by a recognized regional or national accrediting agency; or

(2) An institution of higher learning that is a candidate for accreditation, as that term is used by the regional or the national accrediting agencies; or

(3) An institution of higher learning upon completion of a course which is accredited by an agency recognized to accredit specialized degree-level programs.

crediting associations and has been censed or chartered by the appropria State authority as a degree-grantii institution.

(3) A hospital offering medical-dent internships or residencies approved accordance with $21.4265(a) without r gard to whether the hospital grants post-secondary degree.

(4) An educational institution whic (i) Is not located in a State,

(ii) Offers a course leading to a stan ard college degree or the equivalen and

(iii) Is recognized as an institution higher learning by the secretary education (or comparable official) the country in which the education institution is located.

(Authority: 38 U.S.C. 3452)

(f) Undergraduate college degree. The term means a college or university degree obtained through the pursuit of unit subjects which are below the graduate level. Included are associate degrees, bachelors degrees and first professional degrees.

(g) Standard class session. The term standard class session means the time an educational institution schedules for class each week in a regular quarter or semester for one quarter or one semester hour of credit. It is not less than 1 hour (or one 50-minute period) of academic instruction, 2 hours (or two 50minute periods) of laboratory instruction, or 3 hours (or three 50-minute periods) of workshop training.

(Authority: 38 U.S.C. 3452)

(i) Audited course. The term mean any credit course which a student a tends as a listener only with a pri understanding between school officia and the student that such attendan will not result in credit being grante toward graduation. See $21.4252(i).

(Authority: 38 U.S.C. 3688(c))

(h) Institution of higher learning. This term means:

(1) A college, university, or similar institution, including a technical or business school, offering postsecondary level academic instruction that leads to an associate or higher degree if the school is empowered by the appropriate State education authority under State law to grant an associate or higher degree.

(2) When there is no State law to authorize the granting of a degree, a school which:

(i) Is accredited for degree programs by a recognized accrediting agency, or

(ii) Is a recognized candidate for accreditation as a degree-granting school by one of the national or regional ac

(Authority: 38 U.S.C. 3680(a)(3))

(j) Nonpunitive grade. The term mear any grade assigned for pursuit of course, whether upon completion of th course or at the time of withdrawa from the course, which has the effect excluding the course from any consi eration in determining progress towar fulfillment of requirements for gradua tion. No credit toward the school's re quirements for graduation is grante for such a grade, nor does the grade a fect any other criteria for graduatio by the policies of the school, such as grade point average. Therefore, it ha the same effect as an audited course See $21.4135(e).

(k) Punitive grade. The term means grade assigned for pursuit of a cours which is used in determining the stu dent's overall progress toward comple tion of the school's requirements fo graduation. Unlike the nonpunitiv grade, the punitive grade does affec the criteria to be met by the studen for graduation, i.e., it is a factor il computing the student's grade averag or grade point average, for example For this reason it is not the same as as

audited course, since it does have an effect upon the student's ability to meet the school's criteria for graduation. See $21.4135(e).

(1) Drop-add period. The term means a reasonably brief period at the beginning of a term, not to exceed 30 days, officially designated by a school for unrestricted enrollment changes by students.

Authority: 38 U.S.C. 3680(a)(4))

im) Normal commuting distance. Two locations that are within 55 miles of each other are within normal commating distance. Furthermore, a branch, extension or additional facility of a school located more than 55 miles from the school's main campus or parent facility will be considered within normal commuting distance only if:

(1) School records show that, prior to the establishment of the additional teaching site, at least 20 students or 5 percent of the enrollment, whichever is the lesser, on the main campus or parent facility were regularly commuting from the area where the additional teaching site is located; or

(2) Other comparable evidence clearly shows that students commute regularly between the two locations.

(2) The Department of Veterans Affairs will consider a veteran or eligible person who qualifies under $21.4138 for payment during an interval or school closing, or who qualifies under $21.4205 for payment during a holiday vacation to be in pursuit of a program of education during the interval, school closing or holiday vacation.

(p) Enrollment period. (1) This term means an interval of time during which a veteran or eligible person:

(i) Is enrolled in an educational institution; and

(ii) Is pursuing his or her program of education.

(2) This term applies to each unit course or subject in the veteran's or eligible person's program of education.

(q) Attendance. This term means the presence of a veteran or eligible person:

(1) In the class where the approved course is being taught in which he or she is enrolled;

(2) At a training establishment; or

(3) Any other place of instruction, training or study designated by the educational institution or training establishment where the veteran or eligible person is enrolled and is pursuing a program of education. (Authority: 38 U.S.C. 3680(g))

(r) In residence on a standard quarteror semester-hour basis. This term means study at a site or campus of a college or university, or off-campus at an official resident center, requiring pursuit of regularly scheduled weekly class instruction at the rate of one standard class session per week throughout a standard quarter or semester for one quarter- or one semester-hour credit.

Authority: 38 U.S.C. 3689(c))

(n) Enrollment. This term means the state of being on that roll, or file of a school which contains the names of active students.

10) Pursuit of a program of education. 1) This term means to work, while enrolled, toward the objective of a program of education. This work must be D accordance with approved institution policy and regulations and applicable criteria of Title 38 U.S.C.; must be necessary to reach the program's objective; and must be accomplished through: (i) Resident courses, (ii) Independent study courses, (lii) Correspondence courses, (IV) An apprenticeship or other onthe-job training program, (v) Flight courses, (vi) A farm cooperative course, (vii) A cooperative course, or (viii) A graduate program of research in absentia.

(Authority: 38 U.S.C. 3688(c))

(s) Deficiency course. This term means any secondary level course or subject not previously completed satisfactorily which is specifically required for pursuit of a post-secondary program of education.

(t) Remedial course. This term means a special course designed to overcome a deficiency at the elementary or secondary level in a particular area of study, or a handicap, such as in speech.

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(Authority: 38 U.S.C. 3002)

(w) 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 (a)(5) 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.

$21.4201 Restrictions on enrolh

percentage of students receivi

nancial support. (a) General. Except as otherwise vided in this section the Departme Veterans Affairs shall not approv enrollment in any course for an ble veteran, not already enrolled any period during which more th: percent of the students enrolled in course are having all or part of tuition, fees or other charges pai them by the educational instituti by the Department of Veterans Ai pursuant to Title 38 U.S.C. This striction may be waived in whole part.

(Authority: 38 U.S.C. 3452(c))

(x) State. The term State has the same meaning as provided in $3.1(i) of this chapter.

(Authority: 38 U.S.C. 101(20))

(y) Pilot certificate. A pilot certificate is a pilot certificate issued by the Federal Aviation Administration. The term means a pilot's license as that term is used in 10 U.S.C. chapter 1606 and 38 U.S.C. chapters 30 and 32.

(Authority: 38 U.S.C. 3473(d))

(b) Affected schools. The requirem of paragraph (a) of this section app all courses not otherwise exemp waived offered by all educational i tutions, regardless of whether the stitution is degree-granting, pr etary profit, proprietary nonprofit eemosynary, public and/or tax ported.

(c) Affected courses. (1) The folloi courses or programs are exempt 1 the requirements of paragraph (a this section:

(i) Any farm cooperative course:

(ii) Any course offered by a fl club established, organized and a ated pursuant to regulations of a r tary department of the Armed Fo as nonappropriated sundry fund actit which are governmental instrumer ities.

(2) The provisions of paragraph (8 this section apply to the enrollmer a serviceperson in a course leading high school diploma, equivale cerificate, or a refresher, remedia deficiency course, but they do

(Authority: 10 U.S.C. 16136(c); 38 U.S.C. 3034(d), 3241(b))

(z) Proprietary educational institution. The term proprietary educational institution (including a proprietary profit or proprietary nonprofit educational institution) means an educational institution that:

(1) Is not a public educational institution;

(2) Is in a State; and

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