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(A) He or she purchased them from a bookstore or other source, and

(B) Their cost is separate and independent from the charge made by the school for tuition and fees.

(ii) The school will make a refund in full for the amount of the charge for unissued books, supplies and equipment when:

(A) The school furnishes the books, supplies and equipment.

(B) The school includes their cost in the total charge payable to the school for the course.

(C) The veteran or eligible person withdraws or is discontinued before completing the course.

(iii) The veteran or eligible person may dispose of issued items at his or her discretion even if they were included in the total charges payable to the school for the course.

(5) Tuition and other charges. Where the school either has or adopts an established policy for the refund of the unused portion of tuition, fees, and other charges subject to proration, which is more favorable to the veteran or eligible person than the approximate pro rata basis as provided in this paragraph, such established policy will be applicable. Otherwise, the school may charge a sum which does not vary more than 10 percent from the exact pro rata portion of such tuition, fees, and other charges that the length of the completed portion of the course bears to its total length. The exact proration will be determined on the ratio of the number of days of instruction completed by the student to the total number of instructional days in the course.

(6) Prompt refund. In the event that the veteran, spouse, surviving spouse or child fails to enter the course or withdraws or is discontinued therefrom at any time prior to completion of the course, the unused portion of the tuition, fees and other charges paid by the individual shall be refunded promptly. Any institution which fails to forward any refund due within 40 days after such a change in status, shall be deemed, prima facie, to have failed to make a prompt refund, as required by this paragraph.

(b) Waiver. (1) An educational institution may apply through the appropriate State approving agency to the

Director of the VA facility of ji tion for a waiver of the requirer paragraph (a) of this section a apply to a veteran or eligible The State approving agency sh ward the application to the D along with its recommendation Director shall consider th ommendations and shall grant a only when he or she finds that t cational institution:

(i) Is a college, university, or institution offering post-sec level academic instruction lear an associate or higher degree;

(ii) Is operated by an agend State or a unit of local governm

(iii) If operated by an agend State, is located within that Sta

(iv) If operated by a unit of loc ernment, is located within the aries of the area over which thi has taxing jurisdiction;

(v) Is a candidate for accredita a regional accrediting agency; ar

(vi) Charges the veteran or person no more than $120 per q $180 per semester or $360 per year in tuition, fees and other for the course.

(2) If an educational instituti agrees with a decision of a Direi a VA facility, it may ask that t rector, Education Service revie decision. In reviewing the decisi Director must consider the evide record. He or she may not grant a er unless all the criteria of pari (b)(1) of this section are met.

(Authority: 38 U.S.C. 3676(d)) [47 FR 42733, Sept. 29, 1982)

pro

$21.4256 Correspondence

and courses. (a) Approval of correspondena grams and courses. (1) An educa institution desiring to enroll vel under 38 U.S.C. chapter 30 ( spouses and/or surviving spouses 38 U.S.C. chapter 35, and/or rese under 10 U.S.C. chapter 1606 in gram of education to be pursued i sively by correspondence, or in th respondence portion of a combir correspondence-residence course, have the program or course app only when the educational instit

meets the requirements of $821.4252(e), 21.4253, and 21.4279, as applicable.

The information collection requirements in this section have been approved by the Office of Management and Budget under control Damber 2900-0575)

gations of the institution and the veteran, spouse, surviving spouse, or reservist, and shall display in a prominent place on the agreement the conditions for affirmance, termination, refund, and payment of the educational assistance by VA.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3686(a)(1), 3686(b))

(2) A copy of the agreement shall be given to the veteran, spouse, surviving spouse, or reservist when it is signed.

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

(2) The application of an educational institution for approval of a program of education to be pursued exclusively by correspondence or the correspondence portion of a combined correspondenceresidence course must demonstrate that the program or course is satisfactory in all elements. The educational institution must certify to the State approving agency that at least 50 percent of those pursuing the program or course require six months or more to complete it. For applications for approval that are pending approval by the State approving agency on February 2, 1995, and for applications received by the State approving agency ater that date, the required certification shall be based on the experience of students who completed the program or course during the six-month period immediately preceding the educational institution's application for approval.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3686(b))

(3) The agreement shall not be effective unless the veteran, spouse, surviving spouse, or reservist after the expiration of 10 days after the agreement is signed, shall have signed and submitted to VA a written statement, with a signed copy to the institution, specifically affirming the agreement. (The information collection requirements in this section have been approved by the Office of Management and Budget under control number 2900-0576)

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

(3) State approving agencies have the authority to review periodically the length of time needed to complete each approved correspondence program or approved correspondence-residence course in order to determine whether the program or course should continue to be approved. In implementing this authority, a State approving agency will examine the results over a prior two-year period reasonably related to the date on which such a review is con

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3686(b))

(c) Mandatory refund policy. (1) Upon notification of the educational institution by the veteran, spouse, surviving spouse, or reservist of an intention not to affirm the enrollment agreement, any fees paid by the individual shall be returned promptly in full to him or her.

ducted.

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

(b) Enrollment agreement. (1) An educational institution offering a program of education to be pursued exclusively by correspondence must enter into an enrollment agreement with the veteran, spouse, surviving spouse, or reservist who wishes to receive educational assistance from VA while pursuing the program. The enrollment agreement shall disclose fully the obli

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3686(C))

(2) Upon termination of enrollment under an affirmed enrollment agreement for training in the accredited course by the veteran, spouse, surviving spouse, or reservist, without having completed any lessons, a registration fee not in excess of 10 percent of the tuition for the course or $50, whichever is less, may be charged him or her. When the individual terminates the agreement after completion of less than 25 percent of the lessons of the course, the institution may retain the registration fee plus 25 percent of the tuition. When the individual terminates the agreement after completing

25 percent but less than 50 percent of the lessons, the institution may retain the registration fee plus 50 percent of the tuition for the course. If 50 percent or more of the lessons are completed, no refund of tuition is required.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3686(c))

(3) Where the school either has or adopts an established policy for the refund of the unused portion of tuition, fees, and other charges subject to proration, which is more favorable to the veteran, spouse, surviving spouse, or reservist than the pro rata basis as provided in paragraph (b)(2) of this section, such established policy will be applicable.

(2) Proper address and name of school;

(3) Authority for approval and tions of approval, referring specif to the approved catalog or bu published by the school;

(4) Name of each course approved

(5) Where applicable, enrollment itations, such as maximum numb students authorized and student-t er ratio;

(6) Signature of responsible offic State approving agency; and

(7) Such other fair and reaso provisions as are considered nece by the appropriate State appr agency.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3686(c))

(4) Any institution that fails to forward any refund due to the veteran, spouse, surviving spouse, or reservist within 40 days after receipt of a notice of termination or disaffirmance, shall be deemed, prima facie, to have failed to make a prompt refund as required by this section.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3686(c) (62 FR 63849, Dec. 3, 1997)

821.4257 Cooperative courses.

A cooperative course may be approved when the course meets the requirement of $21.4233(a).

(Authority: 38 U.S.C. 3678)

(b) For institutions of higher i ing, the letter of approval may ide approved courses and subjects by erence to page numbers in the se catalog or bulletin in lieu of a li by name as required in paragraph of this section.

(c) For apprentice and other on job training, the provisions of graph (a) of this section are appli to approval of courses pursued in to ing establishments. The copy of th tice of approval furnished to the partment of Veterans Affairs wil accompanied by one copy of the a cation submitted by the training ei lishment.

(d) Compliance with equal opport laws. (1) The State approving ag" shall solicit assurance of compli with:

(i) Title VI, Civil Rights Act of

(ii) Title IX, Education Amendm of 1972, as amended,

(iii) Section 504, Rehabilitation of 1973,

(iv) The Age Discrimination Ad 1975, and

(v) All Department of Veterans fairs regulations adopted to carry these laws.

(2) The State approving agency i solicit this assurance from:

(1) Proprietary vocational, t1 technical, or other institutions such schools not a part of a public mentary or secondary school.

(ii) All other educational institut which the Department of Educa has not determined to be in complia

$21.4258 Notice of approval.

(a) The State approving agency, upon determining that a school has complied with all the requirements for approval will notify the school by letter setting forth the courses which have been approved, and will furnish to the Department of Veterans Affairs an official copy of the letter and attachments and any subsequent amendments. The letter of approval for each school will be accompanied by a copy of the catalog or bulletin of the school, as approved by the State approving agency, and will contain the following information:

(1) Date of letter and effective date of approval of courses;

sion or disapproval of any school under Chapter 31. (Authority: 38 U.S.C. 3679) (41 FR 30640, July 26, 1976)

th the equal opportunity laws listed paragraph (d)(1) of this section. 3) Whenever a State approving agenforwards to VA a Notice of Approval

a course offered by an institution cribed in paragraph (d)(2) of this tion, it shall also forward the instiion's signed statement of complice with these equal opportunity 8.

thority: 42 U.S.C. 2000 et seq., 20 U.S.C. et seq., 29 U.S.C. 794, 42 U.S.C. 6101 et seq.) FR 6T74, May 6, 1966, as amended at 32 FR

Mar. 11, 1967; 32 FR 13405, Sept. 23, 1967; R 35158, July 21, 1986)

1.4259 Suspension or disapproval. a) The appropriate State approving ncy, after approving any course: D) May suspend the approval of the urse for new enrollments for a period to exceed 60 days to allow the instition to correct any deficiencies, if e evidence of record establishes that e course fails to meet any of the reirements for approval. 2) Will immediately disapprove the arse, if any of the requirements for proval are not being met and the deiency cannot be corrected within a riod of 60 days. 3) Upon suspension or disapproval, State approving agency will notify school by certified or registered ter with a return receipt secured (38 3.C. 3679). It is incumbent upon the ate approving agency to determine e conduct of courses and to take imediate appropriate action in each ise in which it is found that the conict of a course in any manner fails to mply with the requirements for apoval. b) Each State approving agency will mediately notify the Department of terans Affairs of each course which has suspended or disapproved. C) The Department of Veterans Afirs will suspend approval for or disprove courses under conditions specid in paragraph (a) of this section lere it functions for the State apoving agency. See $21.4150(c). (d) The Department of Veterans Afirs will immediately notify the State proving agency in each case of Dertment of Veterans Affairs suspen

$ 21.4260 Courses in foreign countries.

(a) Approval of postsecondary courses in foreign countries. (1) In order to be approved a postsecondary course offered in a foreign country must meet all the provisions of this paragraph. A course offered by a foreign medical school (other than one located in Canada) must also meet all of the provisions of paragraph (b) of this section.

(i) The educational institution offering the course is an institution of higher learning, and

(ii) The course leads to a standard college degree or its equivalent.

(2) For the purpose of this paragraph, a degree is the equivalent of a standard college degree when the program leading to the degree has the same entrance requirements as one leading to a degree granted by a public degreegranting institution of higher learning in that country.

(b) Approval of courses offered by a foreign medical school. In addition to meeting all the criteria stated in paragraph (a) of this section, a course offered by a foreign medical school (other than one located in Canada) must also meet all of the following criteria:

(1) The school satisfies the criteria for listing as a medical school in the World Directory of Medical Schools published by the World Health Organization (WHO).

(2) The evaluating bodies (such as medical associations or educational agencies) whose views are considered relevant by the Director, Education Service, and which are located in the same country as the school

(i) Recognize the school as a medical school, and

(ii) Approve the school.

(3) The school provides, and in the normal course requires its students to complete, a program of clinical and classroom instruction at least 32 months long. This program must be

(i) Supervised closely by members of the school's faculty, and

(ii) Provided either.

VA finds that the veteran's, servic person's, eligible person's, or resei ist's enrollment is not in his or h best interest or the best interest of t Federal Government. (Authority: 38 U.S.C. 3687) [52 FR 13239, Apr. 22, 1987, as amended at FR 29296, June 10, 1996)

(A) Outside the United States in facilities adequately equipped and staffed to afford students comprehensive clinical and classroom medical instruction, or

(B) Inside the United States, through a training program for foreign medical students which has been approved by all the medical licensing boards and evaluating bodies whose views are considered relevant by the Director, Education Service.

(4) The school has graduated classes during each of the two 12-month periods immediately preceding the date on which VA receives the school's application for approval of its courses.

(5) The Director, Education Service, shall withdraw approval of any course when the course or the school offering it fails to meet any of the approval criteria in this section or in Chapter 36, Title 38 U.S.C.

(6) In making the decisions required by this paragraph, the Director, Education Service, may consult with the Secretary of Education. The Director may review any information about a foreign medical school which the Secretary may make available.

(c) Approval of enrollments in foreign courses. (1) Except as provided in paragraph (c)(2) of this section, the Department of Veterans Affairs will approve the enrollment of a veteran or eligible person in a course offered by an educational institution not located in a State when

(i) The eligible person, serviceperson, veteran, or reservist meets the eligibility and entitlement requirements of either $821.3040 through 21.3046, $$21.5040 and 21.5041, $821.7040 through 21.7045, or $21.7540, as appropriate;

(ii) The eligible person's, serviceperson's, veteran's, or reservist's program of education meets the requirements of either $21.3021(h), $21.5230, 821.7020(b)(23), or $21.7520(b)(17), as appropriate; and

(iii) The course meets the require ments of this section and all other applicable VA regulations.

(2) VA may deny or discontinue the payment of educational assistance allowance to a veteran, serviceperson, el. igible person or reservist pursuing a course in an institution of higher learning not located in a State when

$21.4261 Apprentice courses.

(a) General. An apprentice course any training on-the-job course whi has been established as an apprenti course by a training establishment defined in $21.4200(c) and which h been approved as an apprentice cour by the State approving agency.

(b) Application. Any training esta lishment desiring to furnish a course apprentice training will submit a wr ten application to the appropria State approving agency setting for the following:

(1) Title and description of the si cific job objective for which the ve eran or eligible person is to be traine

(2) The length of the training perio

(3) A schedule listing various ope ations for major kinds of work or tas) to be learned and showing for each ji operations or work, tasks to be pe formed, and the approximate length time to be spent on each operation task;

(4) The number of hours of suppl mental related instruction require and

(5) Any additional information r quired by the State approving agenc

(c) Approval criteria. The appropria State approving agency may approve course of apprentice training when tl training establishment and its appre: tice courses are found upon investig tion to have met the following criteri

(1) The standards of apprenticesh published by the Secretary of Labi pursuant to 29 U.S.C. 50a;

(2) A signed copy of the trainir agreement for each veteran or eligib person, making reference to the trail ing program and wage schedule as aj proved by the State approving agenc is provided to the veteran or eligibi person and the Department of Veterar Affairs and the State approving agenc by the employer; and

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