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check for each veteran and eligible person receiving an advance payment or loan.

(6) Nothing in this section or in any section in 38 CFR part 21 shall be construed as requiring any institution of higher learning to maintain daily attendance records for any course leading to a standard college degree.

(v) Where a veteran or an eligible person, who is pursing a course leading to a standard college degree, transfers between consecutive school terms from one approved institution to another approved institution, for the purpose of enrolling in, and pursuing, a similar course at the second institution, the veteran or eligible person shall, for the purpose of entitlement to the payment of educational assistance allowance be considered to be enrolled at the first institution during the interval, if the interval does not exceed 30 days, following the termination date of the school term of the first institution.

(Authority: 38 U.S.C. 3680(d), 3684, 3685, 3698; Pub. L. 95–202, Pub. L. 96-466; Pub. L. 99-576)

(b) Certifications of enrollment. All the reports required by this paragraph shall be in a form specified by the Secretary.

(1) VA requires that educational institutions report all entrances and reentrances on a certification of enrollment.

(2) All educational institutions, regardlesss of the way in which they are organized, must clearly specify the course in which the veteran or eligible person is enrolled.

(3) Schools organized on a term, quarter or semester basis

(i) May report enrollment for the term, quarter, semester, ordinary school year plus the following summer term.

(ii) May not report enrollment for a period that exceeds the ordinary school year plus the following summer term.

(iii) Must report the dates for the break between terms if

(A) The certification covers two or more terms, and a term ends and the following term does not begin in the same or the next calendar month;

(B) The veteran or eligible person elects not to be paid for the intervals between terms;

(C) The certification covers two or more summer sessions; or

(D) The certification covers at least one summer session and at least one term which is not a standard semester or quarter.

(iv) Must submit a separate enrollment certification for each term, quarter or semester if the student

(A) Is a veteran or eligible person pursuing a program on a less than halftime basis, or

(B) Is a serviceperson.

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

(c) Nonpunitive grade. A school may assign a nonpunitive grade for a course or subject in which the veteran or eligible person is enrolled even though the veteran or eligible person does not withdraw from the course or subject. When this occurs, the school must report the assignment of the nonpunitive grade in a form specified by the Secretary in time for VA to receive it before the earlier of the following dates is reached:

(1) Thirty days from the date on which the school assigns the grade, or

(2) Sixty days from the last day of the enrollment period for which the nonpunitive grade is assigned.

(d) Interruptions, terminations and changes in hours of credit or attendance. When a veteran or eligible person interrupts or terminates his or her training for any reason, including unsatisfactory conduct or progress, or when he or she changes the number of hours of credit or attendance, this fact must be reported to VA by the school in a form specified by the Secretary.

(1) If the change in status or change in number of hours of credit of attendance occurs on a day other than one indicated by paragraph (d)(2) or (3) of this section, the school will initiate a report of the change in time for the VA to receive it within 30 days of the date on which the change occurs. If the course in which the veteran or eligible person is enrolled does not lead to a standard college degree, and attendance must be certified for the course, the school may include the information

(Authority: 38 U.S.C. 3684(a); Pub. L. 99-576)

on the monthly certification of attend- of attendance be submitted monthly ance.

for each veteran or eligible person en

rolled in a course not leading to a (Authority: 38 U.S.C. 3684(a), 1788(a); Pub. L. standard college degree. The fact that 99-576)

the course may be pursued on a quar(2) If the enrollment of the veteran or

ter, semester or term basis will not reeligible person has been certified by

lieve the veteran or eligible person and the school for more than one term,

the school of this requirement. Unless quarter or semester and the veteran or

exempted by this paragraph this reeligible person interrupts or termi

quirement also applies to courses nates his or her training at the end of measured on a credit-hour basis. This a term, quarter or semester within the

requirement does not apply to certified period of enrollment, the (A) Courses measured on a creditschool shall report the change in status hour basis pursuant to footnote 6 of to the Department of Veterans Affairs $21.4270(a), in time for the Department of Veterans (B) A course pursued on a less than Affairs to receive the report within 30 one-half-time basis, days of the last officially scheduled (C) A course pursued by a serviceregistration date for the next term, person while on active duty, or quarter or semester.

(D) A correspondence course which (3) If the change in status or change must meet the requirements of parain the number of hours of credit or at- graph (e) of this section. tendance occurs during the 30 days of a drop-add period, the school must report (Authority: 38 U.S.C. 3680(a)(2), 3688(a)(7); the change in status or change in the Pub. L. 99–576) number of hours of credit or attend

(2) Courses leading to a standard college ance to the Department of Veterans Af

degree. Schools which have veterans or fairs in time for the Department of Veterans Affairs to receive the report

eligible persons enrolled in courses

which lead to a standard college degree within 30 days from the last date of

are not required to submit periodic cerdrop-add period or 60 days from the

tifications for students enrolled in such first day of the enrollment period,

courses. Certifications are, however, whichever occurs first.

required under paragraphs (b), (c), (d) (Authority: 38 U.S.C. 3684(a))

and (h) of this section.

(3) Apprentice or other on-the-job train(e) Correspondence courses. Where the ing. A certification of attendance must course in which a veteran is enrolled be submitted monthly during the peunder 38 U.S.C. chapter 34 or a spouse riod of enrollment in the same manner or surviving spouse is enrolled under 38 as certifications required in paragraph U.S.C. chapter 35 is pursued exclusively (f)(1) of this section. by correspondence, the school will re

(g) Flight training courses. Where the port by an endorsement on the vet

course consists exclusively of flight eran's or eligible spouse's or surviving

training, the school will report by an spouse's certification the number of

endorsement on the veteran's certifilessons completed by the veteran,

cation the type and number of hours of spouse or surviving spouse and serviced

actual flight training received by, and by the school. Such reports will be sub

the cost thereof to, the veteran. Such mitted quarterly in a form specified by

reports may be submitted monthly. the Secretary.

(h) Unsatisfactory progress, conduct or

attendance. At times the unsatisfactory (Authority: 38 U.S.C. 3680)

progress, conduct or attendance of a (1) Certification. All reports required veteran or eligible person is caused by by this paragraph must be in a form or results in his or her interruption or specified by the Secretary.

termination of training. If this occurs, (1) Courses not leading to a standard the interruption or termination shall college degree.

be reported in accordance with para(1) Except as provided in this para- graph (d) of this section. If the veteran graph VA requires that a certification or eligible person continues in training

despite unsatisfactory progress, con- $21.4204 Periodic certifications. duct, or despite having failed to meet

Educational assistance allowan the regularly prescribed standards of

payable on the basis of a required attendance at the school, the school

tification concerning the pursuit must report the fact of his or her un

course during the reporting period satisfactory progress, conduct or at- (a) Reports by eligible persons. Al tendance to VA within the time limit gible person enrolled in a course v allowed by paragraph (h) (1) and (2) of leads to a standard college degrer this section.

cepting eligible persons pursuing

course on a less than half-time 1 (Authority: 38 U.S.C. 3474, 3524)

must verify each month his or her

tinued enrollment in and pursuit ( (1) A veteran's or eligible person's

or her courses. In the case of an i progress may become unsatisfactory

ble person who completed, interri according to the regularly prescribed

or terminated his or her course, standards and practices of the school communication from the studer as a result of the grades he or she re- other authorized person notifying ceives The school shall report such un- of the eligible person's completic satisfactory progress to VA in time for course as scheduled or earlier te VA to receive it before the earlier of nation date, will be accepted to te the following dates is reached:

nate payments accordingly. Report (i) Thirty days from the date on other eligible persons will be subm which the school official, who is re

in accordance with $21.4203 (e), ( sponsible for determining whether a

(g). student is making progress, first re

(Authority: 38 U.S.C. 1780(g), 3103) ceived the final grade report which establishes that the veteran either is not (b) Requirements. The certificat progressing satisfactorily, or

required by $21.4203 and paragrap] (ii) Sixty days from the last day of

of this section will include a repor the enrollment period during which the

the following items when applicablı veteran or eligible person earned the

(1) Continued enrollment in and

suit of the course. grades that caused him or her not to

Conduct and meet the satisfactory progress stand

progress.

$21.4277. ards.

(3) Date of interruption or te (2) If the unsatisfactory progress,

nation of training. conduct or attendance of the veteran

(4) Changes in number of seme or eligible person is caused by any fac

hours or clock hours of attendance. tors other than the grades which he or (5) Any other changes or modil she receives, the school shall report the tions in the course as certified at unsatisfactory progress, conduct or at- rollment. tendance to VA in time for VA to re- (c) Term, quarter, or semester. F1 ceive it within 30 days of the date on course which does not lead to a st which the progress, conduct or attend- ard college degree, if a school a ance of the veteran or eligible person

nized on a term, quarter, or seme becomes unsatisfactory. See also basis has reported enrollment: $21.4277.

(1) For the ordinary school yea the complete course, the periodic

tification will show the intervals (Authority: 38 U.S.C. 3474, 3524)

tween terms, quarters, or semester (Approved by the Office of Management and absences. Budget under control number 2900–0354)

(2) By term, quarter, or semester, (31 FR 6774, May 6, 1966)

periodic certification will not cover

intervals between terms, quarters EDITORIAL NOTE: For FEDERAL REGISTER CI- semesters. tations affecting $21.4203, see the List of CFR (d) Year-round courses. The perii Sections Affected, which appears in the

certifications will show any vaca Finding Aids section of the printed volume

period or interval between periodi and on GPO Access.

instruction as absences. The perii

(2)

certification will not cover the period between school years.

(e) Farm cooperative courses. The monthly certification will cover only those periods of classroom instruction which are included in the prescheduled institutional portion of the course.

payment check and educational loan check(s) to the same veteran or eligible person within 1 calendar year, it shall receive only one additional $4 fee. In order to receive this fee, the institution shall submit to the Department of Veterans Affairs a certification of delivery of each check. If an advance payment check is not delivered within 30 days after commencement of the student's program, the check is to be returned to the Department of Veterans Affairs. If an education loan check is not delivered within 30 days of the date the educational institution received it, the check shall be returned to the Department of Veterans Affairs.

Authority: 38 U.S.C. 3684(a)) Approved by the Office of Management and Budget under control number 2900–0465.) [31 FR 6774, May 6, 1966, as amended at 32 FR 3452, Mar. 2, 1967; 35 FR 9816, June 16, 1970; 38 FR 14936, June 7, 1973; 39 FR 31903, Sept. 3, 1974; 41 FR 47929, Nov. 1, 1976; 49 FR 8609, Mar. 8, 1984; 54 FR 33889, Aug. 17, 1989; 54 FR 37108, Sept. 7, 1989; 57 FR 24367, June 9, 1992; 61 FR 26114, May 24, 1996) $21.4206 Reporting fee.

VA may pay annually to each educational institution furnishing education or each joint apprenticeship training committee acting as a training establishment under 10 U.S.C. Chapter 1606 or 38 U.S.C. Chapters 30, 2, 34, 35 or 36 a reporting fee for required reports or certifications. The reporting fee will be paid as soon as feasible after the end of the calendar year.

(a) Except as provided in paragraph (b) of this section the reporting fee will be computed for each calendar year by multiplying $7.00 by the number of eligible veterans and eligible persons enrolled under 10 U.S.C. Chapter 1606, or 38 U.S.C. Chapters 30, 32, 34, 35 or 36 on October 31 of that year.

(Authority: 38 U.S.C. 3684, 3698)

(d) No reporting fee payable to an educational institution under this section shall be subject to offset by the Department of Veterans Affairs against any liability of the educational institution for any overpayment which the Department of Veterans Affairs has administratively determined to exist unless the liability of the educational institution was not contested by the educational institution or was upheld by a final decree of a court of appropriate jurisdiction.

Authority: 10 U.S.C. 16136, 38 U.S.C. 3034, 3341, 3684(c))

(b) For any school or joint apprenticeship training committee where the peak enrollment of veterans and eligible persons varies more than 15 percent from the enrollment on October 31, another date may be established as representative of peak enrollment.

(Authority: 38 U.S.C. 3684)

(e) Before payment of a reporting fee the Department of Veterans Affairs will require an educational institution to certify that:

(1) It has exercised reasonable diligence in determining whether it or any course offered by it approved for the enrollment of veterans or eligible persons meets all of the applicable requirements of chapter 1606 of title 10 U.S.C. or chapters 30, 32, 34, 35 and 36 of title 38 U.S.C.; and

(Authority: 10 U.S.C. 16136, 38 U.S.C. 3034, 3241, 3684(b); Pub. L. 98-525)

(2) It will, without delay, report any failure to meet any requirement to the Department of Veterans Affairs.

Authority: 38 U.S.C. 3684(c))

(C) An additional $4 will be paid to those institutions which have delivered to the veteran or eligible person at registration the educational assistance check representing an advance payment, or which have delivered educational loan checks in accordance with the provisions of Subpart F. If an institution delivers both an advance

(Authority: 38 U.S.C. 3684(b)) [32 FR 13404, Sept. 23, 1967, as amended at 40 FR 31762, July 29, 1975; 44 FR 62501, Oct. 31, 1979; 48 FR 37988, Aug. 22, 1983; 51 FR 16317, May 2, 1986; 61 FR 20728, May 8, 1996)

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$21.4209 Examination of records.

(a) Availability of records. Notwithstanding any other provision of law, educational institutions must make the following records and accounts available to authorized Government representatives:

(1) Records and accounts pertaining to veterans or eligible persons who received educational assistance under Chapter 1606 of Title 10 U.S.C. or Chapters 30, 32, 34, 35 or 36 of Title 38 U.S.C.

(2) Other students' records necessary for the Department of Veterans Affairs to ascertain institutional compliance with the requirements of these chapters.

erans, servicemembers, reservists, and or eligible persons enrolled in a course that does not lead to a standard college degree will make available, in addition to the records and accounts required in paragraph (b) of this section, the records of leave, absences, class cuts, makeup work, and tardiness. Each training establishment that has enrolled veterans under 38 U.S.C. chapter 30 or 32, reservists under 10 U.S.C. chapter 1606, or eligible persons under 38 U.S.C. chapter 35 will also make available payroll records.

(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034, 3244, 3690)

(b) Type of records. Each school will upon request of duly authorized representatives of the Government make available for examination all appropriate records and accounts, including but not limited to:

(1) Records and accounts which are evidence of tuition and fees charged to and received from or on behalf of all veterans and eligible persons and from other students

similarly circumstanced.

(2) Records of previous education or training of veterans and eligible persons at the time of admission as students and records of advance credit, if any, granted by the school at the time of admission.

(3) Records of the veteran's or eligible person's grades and progress.

(4) Records of all advertising, sales or enrollment materials as required by 821.4252(h) and section 3696(b), title 38 U.S.C.

(5) Records and computations showing compliance with the requirements of $21.4201 regarding the 85–15 percent ratio of students for each course.

(6) Records necessary to demonstrate compliance with the requirements of $21.4252(e) pertaining to the time necessary to complete a correspondence course.

(7) Records necessary to demonstrate compliance with the requirements of $21.4252(g) pertaining to employment of graduates of the course.

(c) Noncollege degree, apprentice, and other on-the-job. The school having vet

(Authority: 10 U.S.C. 16136; ;38 U.S.C. 3034. 3241, 3690(c))

(d) Nonaccredited courses. The schoo having veterans or eligible persons enrolled in nonaccredited courses will make available, in addition to the records and accounts required in paragraphs (b) and (c) of this section the following:

(1) Records of interruptions for unsatisfactory conduct or attendance.

(2) Records of refunds of tuition, fees and other charges made to a veteran o eligible person who fails to enter the course or withdraws or is discontinued prior to completion of the course.

(e) Nonavailability. Failure to make such records available as provided ir this section will be grounds for dis continuing the payment of educationa assistance allowance or special train ing allowance.

(f) Retention of records. The record and accounts, including those per taining to students not receiving bene fits from the Department of Veteran Affairs, as described in this section pertaining to each period of enrollmen of a veteran or eligible person, will b kept intact and in good condition a the school for at least 3 years following the termination of such enrollment pe riod. Longer retention will not be re quired unless a written request is re ceived from the General Accountin Office or the Department of Veteran Affairs not later than 30 days prior to the end of the 3-year period. [31 FR 6774, May 6, 1966, as amended at 38 FI 14936, June 7, 1973; 43 FR 35300, Aug. 1, 1971 48 FR 37988, Aug. 22, 1983; 51 FR 16317, May 1 1986; 61 FR 20728, May 8, 1996; 61 FR 26114 May 24, 1996)

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