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$21.4250 Approval of courses.

(a) General. A course of education, in cluding the class schedules of a resident course (other than a flight course) not leading to a standard college degree, offered by a school must be approved by the State approving agency for the State in which the school is located, or by the State approving agency which has appropriate approval authority, or, where appropriate, by the Department of Veterans Affairs.

request approval by the Department Veterans Affairs.

(c) Department of Veterans Affairs proval. (1) The Director, Vocational i habilitation and Employment Ser may approve special restorative tra ing in excess of 12 months to overco or lessen the effects of a physical mental disability to enable an eligi child to pursue a program of educat under 38 U.S.C. chapter 35.

(2) The Director, Education Serv may approve

(i) A course of education offered any agency of the Federal Governm authorized under other laws to 01 such a course;

(ii) A course of education to be p sued under 10 U.S.C. Chapter 1606 or U.S.C. Chapters 30, 32, 35, or 36 offe by a school located in the Canal Zo Guam or Samoa;

(Authority: 38 U.S.C. 3672)

(1) A course approved under 38 U.S.C. chapter 36 shall be deemed approved for purposes of 38 U.S.C. chapter 35.

(2) Any course which was approved under 38 U.S.C. chapter 33 (as in effect before February 1, 1965), or under 38 U.S.C. chapter 35 prior to March 3, 1966, and was not or is not disapproved for failure to meet any of the requirements of the applicable chapters will be deemed to be approved for purposes of 38 U.S.C. chapter 36.

(Authority: 38 U.S.C. 3670)

(b) State approving agencies. Approval by State approving agencies will be in accordance with the provisions of 38 U.S.C. Chapter 36 and such regulations and policies as the agency may adopt not in conflict therewith.

(1) Notice of approval. Each State approving agency will furnish to the Department of Veterans Affairs a current list of schools specifying courses which it has approved, and will furnish such other information as it and the Department of Veterans Affairs may determine to be necessary. See $21.4258.

(2) Notice of suspension of approval or disapproval. Each State approving agency will notify the Department of Veterans Affairs of the suspension of approval or disapproval of any course previously approved and will set forth the reasons for such suspension of approval or disapproval. See $21.4259.

(Authority: 10 U.S.C. 16136, 38 U.S.C. 31 3241, 3672)

(iii) Except as provided in § 21.4150 as to the Republic of the Philippines course of education to be pursu under 10 U.S.C. chapter 1606 or U.S.C. chapter 30, 32, or 35 offered by institution of higher learning not cated in a State;

(iv) Any course in any other school accordance with the provisions of U.S.C. chapter 36; and

(v) Any program of apprenticesi the standards for which have been a proved by the Secretary of Labor pi suant to section 50a of Title 29 U.S as a national apprenticeship progra for operation in more than one Sta and for which the training establis ment is a carrier directly engaged interstate commerce and providi training in more than one State.

(Authority: 38 U.S.C. 3241, 3476, 3523, 3672 3672(c))

CROSS REFERENCE: State approving agenci See $21.4150(e). [31 FR 6774, May 6, 1966, as amended at 35 1 9816, June 16, 1970; 41 FR 30640, July 26, 19 44 FR 54707, Sept. 21, 1979; 48 FR 37990, AI 22, 1983; 51 FR 16317, May 2, 1986; 61 FR 207 May 8, 1996; 62 FR 55760, Oct. 28, 1997)

(Authority: 38 U.S.C. 3672(a))

(3) Failure to act. If notice has been furnished that the State approving agency does not intend to act on the application of a school, the school may


4251 Minimum period of operation proprietary educational institution requirement for educational institu- that tions.

(1) Offers the course under a contract Definitions. The following defini- with the Department of Defense or the s apply to the terms used in this Department of Transportation; and ion. The definitions in $21.4200

(2) Gives the course on or immey to the extent that no definition diately adjacent to a military base, ncluded in this paragraph.

Coast Guard station, National Guard Control. The term control (includ

facility, or facility of the Selected Rethe term controlling) means the ession, direct or indirect, of the er to direct or cause the direction

(Authority: 38 U.S.C. 3680A(e) and (g)) he management and policies of a (d) Operation for 2 years. VA will concon, whether through the ownership sider, for the purposes of paragraph (b) roting securities, by contract, or of this section, that a proprietary eduerwise.

cational institution (or a branch or exPerson. The term person means an tension of such an educational instituvidual, corporation, partnership, or tion) will be deemed to have been operer legal entity.

ating for 2 years when the educational

institution (or a branch or extension of hority: 38 U.S.C. 3680A(e))

such an educational institution) ) Some educational institutions must

(1) Has been operating as an eduin operation for 2 years. Except as

cational institution for 24 continuous vided in paragraph (c) of this sec

months pursuant to the laws of the n, when a proprietary educational

State(s) in which it is approved to optitution offers a course not leading

erate and in which it is offering the a standard college degree, VA may

training; and approve an enrollment in that

(2) Has offered courses continuously rse if the proprietary educational

for at least 24 months inclusive of nortution

mal vacation or holiday periods, or pe

riods when the institution is closed Has been operating for less than 2

temporarily due to a natural disaster Offers the course at a branch or

that directly affected the institution or

the institution's students. ension and the branch or extension been operating for less than 2

(Authority: 38 U.S.C. 3680A(e) and (g)) Ers, or ) Offers the course following either (e) Move outside the same general localChange in ownership or a complete ity. A proprietary educational institusve outside its original general local- tion (or a branch or extension thereof) , and the educational institution will be deemed to have moved to a loes not retain substantially the same cation outside the same general localculty, student body, and courses as ity of the original location when the ore the change in ownership or the new location is beyond normal comve outside the general locality un- muting distance of the original loca8 the educational institution, after tion, i.e., 55 miles or more from the ch change or move, has been in oper- original location. Lon for at least 2 years.

(Authority: 38 U.S.C. 3680A(e)) Ithority: 38 U.S.C. 3680A(e) and (g))

(f) Change of ownership. (1) A change c) Erception to the 2-year operation re- of ownership of a proprietary eduirement. Notwithstanding the provi

cational institution occurs whenns of paragraph (b) of this section, (i) A person acquires operational may approve the enrollment of a management and/or control of the proteran, servicemember, reservist, or prietary educational institution and its gible person in a course not leading educational activities; or a standard college degree approved (ii) A person ceases to have operder this subpart if it is offered by a ational management and/or control of

the proprietary educational institution and its educational activities.

(2) Transactions that may cause a change of ownership include, but are not limited to the following:

(i) The sale of the educational institution;

(ii) The transfer of the controlling interest of stock of the educational institution or its parent corporation;

(iii) The merger of 2 or more educational institutions; and

(iv) The division of one educational institution into 2 or more educational institutions.

(3) VA considers that a change in ownership of an educational institution does not include a transfer of ownership or control of the institution, upon the retirement or death of the owner, to:

(i) The owner's parent, sibling, spouse, child, spouse's parent or sibling, or sibling's or child's spouse; or

(ii) An individual with an ownership interest in the institution who has been involved in management of the institution for at least 2 years preceding the transfer.

the same educational objectives as the courses offered before the move change in ownership.

(3) VA considers that the stud body remains substantially the same an educational institution when, cept for those students who have gr uated, all, or a majority of the s dents enrolled in the educational in tution on the last day of classes bef the move or change in ownership also enrolled in the educational in tution after the move or change ownership. (Authority: 38 U.S.C. 3680A(e) and (f)(1)) [65 FR 81741, Dec. 27, 2000]

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

(g) Substantially the same faculty, student body, and courses. VA will determine whether a proprietary educational institution has substantially the same faculty, student body, and courses following a change of ownership or move outside the same general locality by applying the provisions of this paragraph.

(1) VA will consider that the faculty remains substantially the same in an educational institution when faculty members who teach a majority of the courses after the move or change in ownership, were so employed by the educational institution before the move or change in ownership.

(2) VA will consider that the courses remain substantially the same at an educational institution when:

(i) Faculty use the same instructional methods during the term, quarter, or semester after the move or change in ownership as were used before the move or change in ownership; and

(ii) The courses offered after the move or change in ownership lead to

$21.4252 Courses precluded.

(a) Bartending and personality devel ment. Enrollment will not be appro in any bartending or personality dev opment course.

(b) Avocational and recreational. 1 rollment will not be approved in a course which is avocational or r reational in character or the adv tising for which contains significa avocational or recreational them The courses identified in paragraj (b)(1), (2), and (3) of this section presumed to be avocational or r reational in character and require ji tification for their pursuit.

(1) Any photography course or ent tainment course, or

(2) Any music course, instrumen or vocal, public speaking course, course in dancing, sports or athleti such as horseback riding, swimmii fishing, skiing, golf, baseball, tenn bowling, sports officiating, or oth sport or athletic courses, exce courses of applied music, physical ec cation, or public speaking which are fered by institutions of higher learni for credit as an integral part of a pl gram leading to an educational obje tive, or

(3) Any other type of course whi the Department of Veterans Affairs ( termines to be avocational or 14 reational.

(Authority: 38 U.S.C. 3523(a), 3680A(b))

(4) To overcome the presumpti that a course is avocational or re reational in character, the veteran

(i) Successful completion of the nonaccredited course or unit subject is required in order for the veteran to complete his or her program of education; and the veteran

(A) Was receiving educational assistance on October 29, 1992, for pursuit of the program of education of which the nonaccredited independent study course or unit subject forms a part, and

(B) Has remained continuously enrolled in that program of education from October 29, 1992, to the date the veteran enrolls in the nonaccredited independent study course or unit subject; or

(ii) Was enrolled in and receiving educational assistance for the nonaccredited independent study course or unit subject on October 29, 1992, and remains continuously enrolled in that course or unit subject.

(2) Whether or not the veteran is enrolled will be determined by the regularly prescribed standards and practices of the educational institution.

(Authority: 38 U.S.C. 3680A; sec. 313(b), Pub. L. 102–568, 106 Stat. 4331-4332)

(h) Erroneous, deceptive, misleading practices. (1) The Department of Veterans Affairs will not approve an enrollment in any course offered by an institution which uses advertising, sales, or enrollment practices which are erroneous, deceptive, or misleading by actual statement, omission, or intimation. As provided by section 3696, Title 38 U.S.C., the Department of Veterans Affairs shall use the services and facilities of the Federal Trade Commission, where appropriate, under an agreement:

(i) To carry out investigations, and

(ii) To make determinations under this paragraph.

(2) To ensure compliance, any institution offering courses approved for the enrollment of veterans or eligible persons shall maintain a complete record of all advertising, sales, or enrollment materials (and copies of each) used by or on behalf of the institution during the preceding 12-month period. This record shall be available for inspection by the State approving agency or the Department of Veterans Affairs. These materials shall include, but are not limited to:

rible person will be required to eslish that the course will be of bona ? use in the pursuit of his or her sent or contemplated business or ocation. :) Flight training. The Department of erans Affairs may approve an enment in any of the following types ourses of flight training if an instion of higher learning offers the rse for credit toward the standard ege degree the veteran or eligible ion is pursuing. The Department of erans Affairs otherwise will not apre an enrollment in: A course of flight training to obla private pilot's license or equivalevel training; or Any course of flight training er Chapter 35.

hority: 10 U.S.C. 16131(g); 38 U.S.C. d), 3241(b), 3523(b), 3680A(b)) D Courses by radio. Enrollment in h courses will not be approved. 1) Correspondence courses. (1) VA will approve the enrollment of an indizal under 10 U.S.C. Chapter 1606 or J.S.C. Chapter 30, 32, or 35 in a corvondence course or the correspondportion of a correspondence-resiDe course unless the course is aclited and meets the requirements of 4253, 21.4256, and 21.4279, as approite. VA will not approve the enrollat of an eligible child under 38 C. Chapter 35 in a correspondence Ise or the correspondence portion of orrespondence-residence course.

thority: 38 U.S.C. 3534(b)) Alternative teacher certification pro7. VA will not approve the enrollnt of an eligible person under 38 1.C. Chapter 35 in an alternative cher certification program unless program is offered by an institu

of higher learning as defined in 4200(h).

thority: 38 U.S.C. 3452(c), 3501(a)(6)) B) Independent study. (1) Effective tober 29, 1992, VA may pay edutional assistance to a veteran who is rolled in a nonaccredited course or it subject offered entirely or partly independent study only if

(i) Any direct mail pieces,

veterans and eligible persons who al (ii) Brochures,

pursuing a degree, but who have nc (iii) Printed literature used by sales matriculated. The Department of Vet people,

erans Affairs considers a student t (iv) Films, video cassettes and audio have matriculated when he or she ha tapes disseminated through broadcast been formally admitted to a college ( media,

university as a degree-seeking studen (v) Material disseminated through

(1) Some colleges or universitie print media,

admit students provisionally, pendin (vi) Tear sheets,

receipt of test results or transcript (vii) Leaflets,

The Department of Veterans Affair (viii) Handbills,

may approve such a veteran's or elig (ix) Fliers, and

ble person's enrollment in a course (x) Any sales or recruitment manuals

subject only if the veteran or eligibl used to instruct sales personnel, agents

person matriculates during the firs or representatives of the educational

two terms, quarters or semesters fo institution.

lowing his or her admission. (Authority: 38 U.S.C. 3696)

(2) The first portion of the course

leading to a single degree may be o (i) Audited courses. The school's cer

fered at one college or university. Th tifications shall exclude courses which

remaining courses are not offered a are being audited by the veteran or eli

the college or university, but are o: gible person, since no educational as

fered at a second college or universit sistance allowances shall be paid for

which grants the degree based upon th such courses.

combined credits earned by the stu

dent. If the student is not required t (Authority: 38 U.S.C. 3680(a))

matriculate during the portion of th (j) Nonpunitive graded courses. The program offered at the first college a school shall report any course for university, VA may approve an enroll which a nonpunitive grade is assigned ment in a course or subject that is par and no payment shall be authorized for of that portion of the program onl such a course. If payment has already when the certifications described in el been made, in whole or in part, by the ther paragraph (1)(2)(i) or (ii) of thi Department of Veterans Affairs at the section are made. time the grade is assigned, an overpay (i) The college or university grantin ment shall be created against the ac- the degree certifies concurrently wit count of the student for such a course, the student's enrollment in the firs unless the Department of Veterans Af portion of the program, that fairs determines there are mitigating (A) Full credit will be granted for th circumstances.

subjects taken in the portion of th

curriculum offered at the first colleg (Authority: 38 U.S.C. 3680(a))

or university;

(B) In the last 5 years at least thre When a State approving agency has students who have completed the firs suspended the approval of a course for part of the program have been accepte new enrollments, new enrollments in into the second part of the program; the course shall not be approved until (C) At least 90 percent of those wh the suspense is lifted. If the State ap have applied for admission to the sec proving agency does not lift the sus- ond part of the program, after success pense, but disapproves the course in- fully completing the first part, have stead, new enrollments beginning on or been admitted: after the date the suspense was effec

(D) The student will be required to tive shall not be approved. See $21.4259.

matriculate during the first two terms

quarters or semesters following his o (Authority: 38 U.S.C. 3672(a))

her admission to the second part of the (1) Courses taken by a nonmatriculated program. student who is pursuing a degree. The (ii) The college or university offering provisions of this paragraph apply to the first part of the program:

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