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

agreement exists. part of the program, will be accepted

(B) Certifies to VA that the veteran by the college or university offering

or eligible person is enrolled in courses the second part of the program without

covered by the agreement. any loss of credit in partial fulfillment of the requirements for an associate or

(4) Except as provided in paragraphs higher degree. This certification may

(1)(1), (2), and (3) of this section, the Debe made once for each program for

partment of Veterans Affairs will not which an agreement exists.

approve a veteran's or eligible person's (B) Certifies to VA that the veteran enrollment in a course or subject if the or eligible person has stated to an ap veteran or eligible person: propriate official of the college or uni (i) Is pursuing a degree, and Fersity offering the first part of the (ii) Is not matriculated. program that he or she is pursuing the (5) Nothing in this paragraph shall program.

prevent a State approving agency from (3) The first portion of the subjects or including more restrictive matriculacourses in a baccalaureate program be tion requirements in its approval criFond those necessary for an associate teria. degree may be given at a 2-year colege, while the remainder may be of (Authority: 38 U.S.C. 3452) fered at a 4-year college or university.

(m) Courses offered under contract. VA When the college or university does not

may not approve the enrollment of a require the student to matriculate

veteran, servicemember, reservist, or while pursuing the additional study at

eligible person in a course as a part of the 2-year college, VA may approve an

a program of education offered by any enrollment in a course offered in the

educational institution if the eduprogram at the 2-year college only if the certifications described in either

cational institution or entity providing paragraph (1)(3)(i) or (ii) of this section

the course under contract has not obare made.

tained a separate approval for the (1) The college or university granting

course in the same manner as for any the baccalaureate degree certifies that:

other course as required by $821.4253, (A) Full credit is granted for the

21.4254, 21.4256, 21.4257, 21.4260, 21.4261, course upon the student's transfer to 21.4263, 21.4264, 21.4265, 21.4266, or the college or university granting the 21.4267, as appropriate. baccalaureate degree,

(B) The courses taken at the 2-year (Authority: 38 U.S.C. 3680A(f) and (g)) college will be acceptable in partial [31 FR 6774, May 6, 1966, as amended at 32 FR fulfillment for the baccalaureate de- 13404, Sept. 23, 1967; 35 FR 9817, June 16, 1970; gree, and

40 FR 31763, July 29, 1975; 43 FR 35302, Aug. 9, (C) The student will be required to 1978; 45 FR 31063, June 12, 1980; 48 FR 14379, matriculate during the first two terms, Apr. 4, 1983; 48 FR 37991, Aug. 22, 1983; 49 FR quarters or semesters following his or 5116, Feb. 10, 1984; 49 FR 8439, Mar. 7, 1984; 51 her admission to the college or univer FR 19331, May 29, 1986; 55 FR 28028, July 9, sity granting the baccalaureate degree.

1990; 61 FR 6783, Feb. 22, 1996; 61 FR 26114, (ii) Either the 2-year college or the

May 24, 1996; 61 FR 29296, June 10, 1996; 65 FR college or university granting the bac

81742, Dec. 27, 2000] calaureate degree:

$21.4253 Accredited courses. (A) Certifies to the appropriate State approving agency that as a result of (a) General. A course may be apagreement between the 2-year college proved as an accredited course if it and the college or university offering meets one of the following requirethe baccalaureate degree all of the ments:

(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 ant approved by the agency or association

(a) School qualification. A school 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 approying 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 asso ciation 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 record must be sufficient to show continuer pursuit at the rate for which enrollet and the progress being made. They

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 diploma or a vocational objective. (Paperwork requirements in $21.4253(d)(1) were approved by the Office of Management and Budget under control number 2900-0568.) (31 FR 6774, May 6, 1966, as amended at 38 FR 14938, June 7, 1973; 40 FR 33825, Aug. 12, 1975; 43 FR 35302, Aug. 9, 1978; 48 FR 37992, Aug. 22, 1983; 50 FR 43135, Oct. 24, 1985; 60 FR 32272, June 21, 1995; 61 FR 6783, Feb. 22, 1996; 62 FR 35424, July 1, 1997; 65 FR 81742, Dec, 27, 2000)

$ 21.4254 Nonaccredited courses.

(a) General. Nonaccredited courses are courses which are not approved as accredited courses and which are offered by a public or private, profit or nonprofit, educational institution. These include nonaccredited courses offered by extension centers or divisions, or vocational or adult education departments of institutions of higher learning.

(b) Application. Any school desiring to enroll veterans or eligible persons in nonaccredited courses will submit a written application to the appropriate State approving agency for approval of such courses (38 U.S.C. 3676(a)). Such application will be accompanied by not less than two copies of the current catalog or bulletin which is certified as true and correct in content and policy by an authorized owner or official of the school and will include the following:

(1) Identifying data, such as volume number, and date of publication;

(2) Names of the school and its governing body, officials, and faculty;

(3) A calendar of the school showing legal holidays, beginning and ending date of each quarter, term, or semester, and other important dates;

(4) School policy and regulations on enrollment with respect to enrollment dates and specific entrance requirements for each course;

(5) School policy and regulations relative to leave, absences, class cuts, makeup work, tardiness, and interruptions for unsatisfactory attendance;

(6) School policy and regulations relative to standards of progress required of the student. This policy will define the grading system of the school, the minimum grades considered satisfactory conditions for interruption for unsatisfactory grades or progress, and a (ii) Has obtained a waiver of this requirement. See $21.4255.

description of the probationary if any, allowed by the school, a ditions of reentrance for those si dismissed for unsatisfactory pi A statement will be made rei progress records kept by the sch furnished the student;

(7) School policy and regulati lating to student conduct and tions for dismissal for unsatis conduct;

(8) Detailed schedule of fees, for tuition, books, supplies, too dent activities, laboratory fees, charges, rentals, deposits, and al charges;

(9) Policy and regulations rela the refund of the unused portion tion, fees, and other charges event the student does not ent course, or withdraws, or is tinued therefrom;

(10) A description of the av space, facilities, and equipment;

(11) A course outline for each for which approval is requested, ing subjects or units in the type of work, or skill to be learne approximate time and clock ho be spent on each subject or unit;

(12) Policy and regulations ré to granting credit for previous cation and training.

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

(c) Approval criteria. The appro State approving agency may aj the application of such school wh school and its nonaccredited o are found upon investigation to met the following criteria:

(1) The courses, curriculum, al struction are consistent in or content, and length with similar i nized accepted standards.

(2) There is in the school ade space, equipment, instructional rial, and instructor personnel to vide training of good quality.

(3) Educational and experience fications of directors, administr and instructors are adequate.

(4) The school maintains a wi record of the previous education training of the veteran or eligible son and clearly indicates that a priate credit has been given for vious education and training, wit

(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

$21.4255 Refund policy; nonaccredited

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

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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