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courses pursued beyond the associate degree will be accepted without any loss of credit in partial fulfillment of the requirements for a baccalaureate degree. This certification may be made once for each program for which an agreement exists.

(B) Certifies to VA that the veteran or eligible person is enrolled in courses covered by the agreement.

(4) Except as provided in paragraphs (1)(1), (2), and (3) of this section, the Department of Veterans Affairs will not approve a veteran's or eligible person's enrollment in a course or subject if the veteran or eligible person:

(i) Is pursuing a degree, and (ii) Is not matriculated.

(5) Nothing in this paragraph shall prevent a State approving agency from including more restrictive matriculation requirements in its approval criteria.

(A) Certifies to the appropriate State approving agency that as a result of an agreement between that college or university and the college or university offering the second part of the program, all of the courses taken by the veteran or eligible person in the first part of the program, will be accepted by the college or university offering the second part of the program without any loss of credit in partial fulfillment of the requirements for an associate or higher degree. This certification may be made once for each program for which an agreement exists.

(B) Certifies to VA that the veteran or eligible person has stated to an appropriate official of the college or university offering the first part of the program that he or she is pursuing the program.

(3) The first portion of the subjects or courses in a baccalaureate program beFond those necessary for an associate degree may be given at a 2-year colege, while the remainder may be offered at a 4-year college or university. When the college or university does not require the student to matriculate while pursuing the additional study at the 2-year college, VA may approve an enrollment in a course offered in the program at the 2-year college only if the certifications described in either paragraph (1)(3)(i) or (ii) of this section are made.

(i) The college or university granting the baccalaureate degree certifies that:

(A) Full credit is granted for the course upon the student's transfer to the college or university granting the baccalaureate degree,

(B) The courses taken at the 2-year college will be acceptable in partial fulfillment for the baccalaureate degree, and

(C) The student will be required to matriculate during the first two terms, quarters or semesters following his or her admission to the college or university granting the baccalaureate degree.

(ii) Either the 2-year college or the college or university granting the baccalaureate degree:

(A) Certifies to the appropriate State approving agency that as a result of agreement between the 2-year college and the college or university offering the baccalaureate degree all of the

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

(m) Courses offered under contract. VA may not approve the enrollment of a veteran, servicemember, reservist, or eligible person in a course as a part of a program of education offered by any educational institution if the educational institution or entity providing the course under contract has not obtained a separate approval for the course in the same manner as for any other course as required by $8 21.4253, 21.4254, 21.4256, 21.4257, 21.4260, 21.4261, 21.4263, 21.4264, 21.4265, 21.4266, 21.4267, as appropriate.

or

(Authority: 38 U.S.C. 3680A(f) and (g)) (31 FR 6774, May 6, 1966, as amended at 32 FR 13404, Sept. 23, 1967; 35 FR 9817, June 16, 1970; 40 FR 31763, July 29, 1975; 43 FR 35302, Aug. 9, 1978; 45 FR 31063, June 12, 1980; 48 FR 14379, Apr. 4, 1983; 48 FR 37991, Aug. 22, 1983; 49 FR 5116, Feb. 10, 1984; 49 FR 8439, Mar. 7, 1984; 51 FR 19331, May 29, 1986; 55 FR 28028, July 9, 1990; 61 FR 6783, Feb. 22, 1996; 61 FR 26114, May 24, 1996; 61 FR 29296, June 10, 1996; 65 FR 81742, Dec. 27, 2000)

$21.4253 Accredited courses.

(a) General. A course may be approved as an accredited course if it meets one of the following requirements:

(1) The course has been accredited and approved by a nationally recognized accrediting agency or association. “Candidate for accreditation” status is not a basis for approval of a course as accredited.

(2) Credit for such course is approved by the State department of education for credit toward a high school diploma.

(3) The course is conducted under the Act of February 23, 1917 (20 U.S.C. 11 et seq.).

(4) The course is accepted by the State department of education for credit for a teacher's certificate or teacher's degree.

(5) The course is approved by the State as meeting the requirement of regulations prescribed by the Secretary of Health and Human Services under sections 1819(f)(2)(A)(i) and 1919(f)(2)(A)(i) of the Social Security Act (42 U.S.C.13951-3(f)(2)(A)(i) and 1396r(f)(2)(A)(i)).

the accreditation of these accrediting agencies or associations for approval o the course specifically accredited and approved by the agency or association

(d) School qualification. A school de siring to enroll veterans or eligible per sons in accredited courses will mak application for approval of such courses to the State approving agency The State approving agency may ap prove the application of the schod when the school and its accredite courses are found to have met the fol lowing criteria and additional reason able criteria established by the Stat approving agency:

(1) The institution (other than an ele mentary or secondary school) has sub mitted to the State approving agenc copies of its catalog or bulletin whic! are certified as true and correct in con tent and policy by an authorized rep resentative, and the publication shall:

(i) State with specificity the require ments of the institution with respec to graduation;

(ii) Include institution policy an regulations relative to standards a progress required of the student by th institution (this policy will define th grading system of the institution, th minimum grades considered satisfac tory, conditions for interruption fo unsatisfactory grades or progress, a de scription of the probationary period, i any, allowed by the institution, condi tions of reentrance for those student dismissed for unsatisfactory progress and a statement regarding progres records kept by the institution and fur nished the student);

(iii) Include institution policy an regulations relating to student conduc and conditions for dismissal for unsat isfactory conduct; and

(iv) Include any attendance standard of the institution if the institution ha and enforces such standards.

(Authority: 38 U.S.C. 3675(a))

(b) Course objective. Any curriculum offered by an educational institution which is a member of one of the nationally recognized accrediting agencies or associations and which leads to a degree, diploma, or certificate will be accepted as an accredited course when approved as such by the State approving agency. Any curriculum accredited by one of the specialized nationally recognized accrediting agencies or associations and which leads to a degree, diploma, or certificate will also be accepted as an accredited course when approved as such by the State approving agency. Approval of the individual subjects, required or elective, which are designated as a part of a degree curriculum will not be necessary. Such approval may include noncredit subjects that are prescribed as a required part of the curriculum. The course objective may be educational (high school diploma or a standard college degree) or it may be vocational or professional (an occupation).

(c) Accrediting agencies. A nationally recognized accrediting agency or association is one that appears on the list published by the Secretary of Education as required by 38 U.S.C. 3675(a). The State approving agencies may use

(Authority: 38 U.S.C. 3675(a), 3676(b))

(2) Adequate records are kept by th school to show the progress of eac] veteran or eligible person. The recordi must be sufficient to show continues pursuit at the rate for which enrollet and the progress being made. They

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t include final grade in each subfor each term, quarter, or semesrecord of withdrawal from any subto include the last date of attendfor a resident course; and record enrollment in subjects from which

was a withdrawal; and may insuch records as attendance for ent courses, periodic grades and ination results. The school maintains a written d of previous education and trainof the veteran or eligible person 1 clearly indicates that approcredit has been given by the I for previous education and ing, with the training period ened proportionately, and the perund the Department of Veterans Is so notified. The record must be lative in that the results of each Iment period (term, quarter or seer) must be included so that it s each subject undertaken and the result, i.e., passed, failed, incomor withdrawn.

tent, and length with similar courses in public educational institutions and other private educational institutions in the State with recognized accepted standards.

(7) There is in the educational institution offering the course adequate space, equipment, instructional material, and instructor personnel to provide training of good quality.

(8) The educational and experience qualifications of directors, and administrators of the educational institution offering the courses, and instructors teaching the courses for which approval is sought, are adequate.

(Authority: 38 U.S.C. 3675(b), 3676(c)(1), (2), (3))

(e) College level. Under the provisions of paragraph (a)(1) of this section, any course at college level approved by the State approving agency as an accredited course will be accepted by the Department of Veterans Affairs as an accredited course when all of the following conditions are met:

(1) The college or university is accredited by a nationally recognized regional accrediting agency listed by the Secretary of Education or the course is accredited at the college level by a specialized accrediting agency or association recognized by the Secretary of Education; and

crity: 38 U.S.C. 3675(b)) The school enforces a policy rel

to standards of conduct and ess required of the student. The

policy relative to standards of Ess must be specific enough to dene the point in time when edunal benefits should be discond. pursuant to 38 U.S.C. 3474 when eteran or eligible person ceases to : satisfactory progress. The policy

include the grade or grade point age that will maintained if the ent is to graduate. For example, a ar college may require a 1.5 grade taverage the first year, a 1.75 av- at mid-year the second year, and nulative average of 2.0 thereafter le basis of 4.0 for an A. If the school has a standard of atince, it maintains records of atance for veterans and eligible perenrolled in resident courses which adequate to show the student 3 the school's standard of attend

(Authority: 38 U.S.C. 3675)

(2) The course has entrance requirements of not less than the requirements applicable to the college level program of the school; and

(3) Credit for the course is awarded in terms of standard semester or quarter hours or by recognition at completion by the granting of a standard college degree.

(f) Courses not leading to a standard college degree. Any course in a school approved by the State approving agency will be accepted as an accredited course when all of the following conditions are met:

(1) The course or the school offering such course is accredited by the appropriate accrediting agency; and

(2) The course offers training in the field for which the accrediting agency is recognized and at a level for which it is recognized; and

jority: 38 U.S.C. 3474, 3675) The accredited courses, the curlum of which they form a part, and instruction connected with those ses are consistent in quality, con

(3) The course leads to a high school description of the probationary peri diploma or a vocational objective. if any, allowed by the school, and c

ditions of reentrance for those stude (Paperwork requirements in $21.4253(d)(1) were approved by the Office of Management

dismissed for unsatisfactory progre and Budget under control number 2900–0568.)

A statement will be made regard

progress records kept by the school a (31 FR 6774, May 6, 1966, as amended at 38 FR

furnished the student; 14938, June 7, 1973; 40 FR 33825, Aug. 12, 1975; 43 FR 35302, Aug. 9, 1978; 48 FR 37992, Aug. 22,

(7) School policy and regulations 1983; 50 FR 43135, Oct. 24, 1985; 60 FR 32272,

lating to student conduct and cor June 21, 1995; 61 FR 6783, Feb. 22, 1996; 62 FR tions for dismissal for unsatisfact 35424, July 1, 1997; 65 FR 81742, Dec. 27, 2000) conduct;

(8) Detailed schedule of fees, char 821.4254 Nonaccredited courses.

for tuition, books, supplies, tools, s (a) General. Nonaccredited courses dent activities, laboratory fees, serv are courses which are not approved as charges, rentals, deposits, and all ot accredited courses and which are of- charges; fered by a public or private, profit or (9) Policy and regulations relative nonprofit, educational institution. the refund of the unused portion of t These include nonaccredited courses tion, fees, and other charges in offered by extension centers or divi- event the student does not enter sions, or vocational or adult education course, or withdraws, or is disc departments of institutions of higher tinued therefrom; learning.

(10) A description of the availa (b) Application. Any school desiring space, facilities, and equipment; to enroll veterans or eligible persons in (11) A course outline for each cou nonaccredited courses will submit a for which approval is requested, sho written application to the appropriate ing subjects or units in the cour State approving agency for approval of type of work, or skill to be learned, a such courses (38 U.S.C. 3676(a)). Such

approximate time and clock hours application will be accompanied by not be spent on each subject or unit; and less than two copies of the current

(12) Policy and regulations relati catalog or bulletin which is certified as

to granting credit for previous ed true and correct in content and policy

cation and training. by an authorized owner or official of the school and will include the fol

(Authority: 38 U.S.C. 3676(b)) lowing: (1) Identifying data, such as volume

(c) Approval criteria. The appropria number, and date of publication;

State approving agency may appro (2) Names of the school and its gov

the application of such school when t erning body, officials, and faculty;

school and its nonaccredited cours (3) A calendar of the school showing

are found upon investigation to ha legal holidays, beginning and ending met the following criteria: date of each quarter, term, or semes- (1) The courses, curriculum, and i ter, and other important dates;

struction are consistent in qualit (4) School policy and regulations on content, and length with similar reco enrollment with respect to enrollment nized accepted standards. dates and specific entrance require- (2) There is in the school adequa ments for each course;

space, equipment, instructional mat (5) School policy and regulations rel- rial, and instructor personnel to pr ative to leave, absences, class cuts, vide training of good quality. makeup work, tardiness, and interrup- (3) Educational and experience quai tions for unsatisfactory attendance; fications of directors, administrator

(6) School policy and regulations rel- and instructors are adequate. ative to standards of progress required (4) The school maintains a writte of the student. This policy will define record of the previous education ar the grading system of the school, the training of the veteran or eligible pe minimum grades considered satisfac- son and clearly indicates that appr tory conditions for interruption for un- priate credit has been given for pr satisfactory grades or progress, and a vious education and training, with th

(ii) Has obtained a waiver of this requirement. See $21.4255.

(Authority: 38 U.S.C. 3676)

(14) Such additional reasonable criteria as may be deemed necessary by the State approving agency.

(Authority: 38 U.S.C. 3676(c))

(d) Limitations on course approval. Notwithstanding any other provision of this section, a State approving agency shall not approve a nonaccredited course if it is to be pursued in whole or in part by independent study.

or

(Authority: 38 U.S.C. 3676(e)) [31 FR 6774, May 6, 1966, as amended at 33 FR 9546, June 29, 1968; 47 FR 42733, Sept. 29, 1982; 61 FR 6783, Feb. 22, 1996)

ining period shortened proportionly, and the veteran or eligible perand the Department of Veterans Lins so notified. A copy of the course outline, dule of tuition, fees, and other ges, regulations pertaining to abes, grading policy, and rules of opion and conduct will be furnished veteran or eligible person upon ennent. Upon completion of training, the ran or eligible person is given a ficate by the school indicating the pred course and indicating that ning was satisfactorily completed. Adequate records as prescribed by State approving agency are kept to attendance and progress 88, and satisfactory standards reg to attendance, progress, and act are enforced. The school complies with all

city, county, municipal, State, Federal regulations, such as fire is, building, and sanitation codes. State approving agency may resuch evidence of compliance as it led necessary. The school is financially sound capable of fulfilling its commits for training. The school does not utilize advers of any type which is erroneous isleading, either by actual statein omission, or intimation. The ol will not be deemed to have met requirement until the State aping agency: Has ascertained from the Federal le Commission whether the Comion has issued an order to the pl to cease and desist from any act actice, and

Has, if such an order has been d, given due weight to that fact. The school does not exceed its Iment limitations as established le State approving agency. The school administrators, direcowners, and instructors are of reputation and character. The school either: (i) Has and itains a policy for the pro rata reof the unused portion of tuition, and charges if the veteran or eligiperson fails to enter the course or draws or is discontinued from it re completion, or

$21.4255 Refund policy; nonaccredited

courses. (a) Acceptable refund policy. A refund policy meets the requirements of $21.4254(C)(13), if it provides that the amount charged for tuition, fees, and other charges for a portion of the course does not exceed the approximate pro rata portion of the total charges for tuition, fees, and other charges that the length of the completed portion of the course bears to the total length. The school may make provision for refund within the following limitations:

(1) Registration fee. An established registration fee in an amount not to exceed $10 need not be subject to proration. Where the established registration fee is more than $10, the amount in excess of $10 will be subject to proration.

(2) Breakage fee. Where the school has a breakage fee, it may provide for the retention of only the exact amount of the breakage, with the remaining part, if any, to be refunded.

(3) Consumable instructional supplies. Where the school makes a separate charge for consumable instructional supplies, as distinguished from laboratory fees, the exact amount of the charges for supplies consumed may be retained but any remaining part must be refunded.

(4) Books, supplies and equipment. (i) A veteran or eligible person may retain or dispose of books, supplies and equipment at his or her discretion when:

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