paragraph (i)(1)(i) of this section and for preflight briefings and postflight critiques which precede or follow the excess solo hours.

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

(1) The approved charges for tuition and fees shall be based upon the charges for tuition and fees which similarly circumstanced nonveterans enrolled in the same flight course are required to pay. Charges for books, supplies and lodging may not be reimbursed.

(Authority:

10 U.S.C. 16136(b); 38 U.S.C. 3034(d), 3241(c), 3690(a)(1))

(2) For the ground school portion of ground training, the State approving agency should approve group charges or unit prices if audio-visual equipment is used. For the preflight briefings and postflight critiques, the State approving agency should approve individual instructor rates for individual training flights. An average charge per hour based upon total hours and cost of all training given on the ground may not be approved.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(d), 3241(c), 3690(a)(1))

(3) A veteran, servicemember or reservist or group (all or part of whom are veterans, servicemembers or reservists) owning an airplane may lease it to an approved flight school and have exclusive use of the aircraft for flight training. The aircraft should meet the requirements prescribed for all airplanes to be used in the course, and should be shown in the approval by the State approving agency. The leasing arrangement should not result in charges for flight instruction for those owning the airplane greater than charges made to others not leasing an aircraft to the school.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(d), 3241(c), 3690(a)(1))

(4) If membership in a flight club entitles a veteran, servicemember or reservist to flight training at less than the standard rate, his or her educational allowance will be based on the reduced rate. No payments will be made for the cost of joining the flight

club, since it is not a charge for the flight course.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(d), 3241(c), 3690(a)(1))

(k) Substitute aircraft. Except for minor substitutions a veteran, servicemember or reservist enrolled in a flight course may train only in the aircraft approved for that course. If a particular aircraft is not available for some compelling reason, the veteran, servicemember or reservist may be permitted to train in an aircraft different from that approved for the particular course, provided the aircraft substituted will adequately meet the training requirements for this particular phase of the course. Substitutions should be explained on the monthly certifications of flight training. If this shows that the charge for the substituted aircraft is different from the charge approved for the regular aircraft, the reimbursement will be based on the lesser charge. When substitution becomes the practice rather than the exception, VA will suspend payments and notify the veterans, servicemembers, reservists and the school. VA will refer the matter to the State approving agency for appropriate action.

(Authority: 10 U.S.C. 16136(b), 16136(c); 38 U.S.C. 3034(d), 3672(a))

(1) Enrollment limitations. A flight course must meet the 85-15 percent ratio requirement set forth in §21.4201 before VA may approve new enrollments in the course. The contracted portion of a flight course must meet all the requirements of $21.4201 for each subcontractor.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(d), 3241(c), 3680A(d))

(The Office of Management and Budget has approved the information collection requirements in this section under control number 2900-0613)

[45 FR 51778, Aug. 5, 1980, as amended at 48 FR 37992, Aug. 22, 1983; 57 FR 29801, July 7, 1992; 59 FR 21938, Apr. 28, 1994; 61 FR 20728. May 8, 1996; 63 FR 34130, June 23, 1998; 67 FR 12474, Mar. 19, 2002]

$21.4264 Farm cooperative courses.

(a) Description of a farm cooperative course. A farm cooperative course is an institutional agricultural course. It provides training on a reduced basis to those engaged in farming, compared to other types of training. Part-time benefits are provided for students whose farming operation will not permit them to attend class at least 10 hours per week.

(b) Farm cooperative students must be farmers. In order to receive educational assistance allowance an eligible person must be engaged concurrently in agricultural employment for an average of at least 40 hours per week. This agricultural employment must be relevant to the farm cooperative course.

(c) Acceptable class schedules. (1) The institutional portion of a farm coopera

tive course:

(1) May be on a term, quarter or semester basis, or

(ii) May consist of courses which: (A) Are offered during at least 44 Teeks of the year, and

(B) Require a minimum of 5 clock hours per week.

(2) The time involved in field trips and individual and group instruction, sponsored and conducted by the educational institution offering farm cooperative courses may be counted toward meeting the clock-hour requirements. See §21.4270(c) of this part for measurement of farm cooperative courses.

employment which is relevant to the institutional agricultural course offered by the school and is in an area consistent with their institutional training program.

(2) For the purposes of this paragraph suitable agricultural employment must include employment on a farm or other agricultural establishment where the basic activity is either:

(i) The cultivation of the ground such as the raising and harvesting of crops including fruits, vegetables and pastures, or

(ii) The feeding, breeding and managing of livestock, including poultry and other specialized farming.

(3) The Department of Veterans Affairs does not consider employment in training establishments which are engaged primarily in the processing, distribution or sale of agricultural products or combinations thereof, such as dairy processing plants, grain elevators, packing plants, hatcheries, stockyards or florists shops to be suitable agricultural employment.

(e) Approval criteria. The appropriate State approving agency may approve the school's application when the agency finds upon investigation that the school and its courses have met the following conditions:

(1) The criteria specified in §21.4253 or § 21.4254, as appropriate; and

(2) The requirements of paragraph (d) of this section.

(Authority: 38 U.S.C. 3482, 3532)

[46 FR 16101, Mar. 11, 1981, as amended at 54 FR 33890, Aug. 17, 1989; 61 FR 26115, May 24, 1996]

§ 21.4265 Practical training approved as institutional training or on-job training.

(a) Medical-dental internships and residencies. (1) Medical residencies (other than residencies in podiatric medicine), dental residencies, and osteopathic internships and residencies may be approved and recognized as institutional courses only when an appropriate accrediting agency accredits and approves them as leading to certification for a recognized professional objective.

(2) The appropriate accrediting agencies are:

(i) The Accreditation Council for Graduate Medical Education, or where the Accreditation Council for Graduate Medical Education has delegated accrediting authority, the appropriate Residency Review Committee,

(ii) The American Osteopathic Association, and

(iii) The Commission on Dental Accreditation of the American Dental Association.

(3) These residency programs―

(i) Must lead to certification by an appropriate Specialty or Subspecialty Board, the American Osteopathic Association, or the American Dental Association; and

(ii) Will not be approved to include a period of practice following completion of the education requirements even though the accrediting agency requires the practice.

(4) Except as provided in paragraph (a)(5) of this section, no other medical or dental residency or osteopathic internship or residency will be approved or recognized as institutional training.

(5) A residency in podiatric medicine may be approved and recognized as institutional training only when it has been approved by the Council on Podiatry Education of the American Podiatry Association.

(Authority: 38 U.S.C. 3688(b))

(b) Nursing courses. (1) Courses for the objective of registered nurse or registered professional nurse will be assessed as institutional training when they are provided in autonomous schools of nursing, hospital schools of nursing, or schools of nursing established in other schools or departments of colleges and universities, if they are accredited by a nationally recognized accrediting agency or if they meet the requirements of the licensing body of the State in which the school is located. The hospital or fieldwork phase of a nursing course, including a course leading to a degree in nursing, will be assessed as an institutional course when the hospital or fieldwork phase is an integral part of the course, the completion thereof is a prerequisite to the successful completion of the course, the student remains enrolled in the school during the period, and the train

ing is under the direction and s vision of the school.

(2) Courses offered by schools w lead to the objective of practical n practical trained nurse, or lice practical nurse will be assessed a stitutional training including bot cli academic subjects and the training if the clinical training fered by an affiliated or cooper hospital and the student is enroli and supervised by the school durin period of such clinical training. they must be accredited by a na ally recognized accrediting agenc meet the requirements of the lice body of the State in which the scho located.

(3) Except for enrollment in a nu aide course approved pursuant § 21.4253(a)(5), VA shall not approv enrollment in a nonaccredited nu course which does not meet the li ing requirements of the State the course is offered.

(Authority: 38 U.S.C. 3452, 3688)

(c) Medical and dental spec courses. (1) Required clinical trai included in a school course given i affiliated hospital, clinic, laborat or medical center as a part of a ical or dental specialty course whe accredited or nonaccredited offered a school such as X-ray technician, ical technician, medical records ad: istrator, physical therapist or de technician shall be assessed as inst tional training provided:

(i) The student remains enrolled the course during the clinical period (ii) The clinical training is;

(a) An integral part of the course: (b) A prerequisite to the succes completion of the course; and

(c) Under the direction and su vision of the school; and

(iii) The course includes substan technical or professional training does not consist of training preli narily directed to clerical, administ tive, secretarial, or receptionist dut (2) Medical and dental specia courses offered in hospitals, clin laboratories, or medical centers wh are accredited as institutional cour by a nationally recognized accredit agency will be assessed as institutio training.

Clinical training included in a ool course given in a physician's ofe or a dentist's office, also called ernship, will be recognized as part the institutional training if the irse is accredited by a nationally agency and ognized accrediting

ets the other requirements of paraph (c)(1) of this section. If the urse is not so accredited such pracal or on-the-job training or experi> in a physician's office may not be Ended unless the program is apved as a cooperative course.

Nonaccredited courses offered in spitals, clinics, laboratories, or medI centers will be considered on-thetraining when the courses meet the uirements of §21.4262.

e) Professional training courses. (1) y non-medically related professional ernship program, such as a clinical storal course, will be recognized as institutional course when it is acdited as an institutional course by a tionally recognized accrediting agenand

2 The approved facility for such a arse must be the institution or other ility where the training is given.

Other practical training courses. (1) her off-campus job experience inded in a school course, variously deibed by schools as internship, resexternship, ency, practicum, et era, may be included as a part of a operative program when the course eets the requirements of § 21.4233(a). 2) However, such off-campus courses ay be considered as resident instituonal training only if all of the fol

lowing conditions are met. The course is:

(i) Accredited by a nationally recognized accrediting agency or is offered by a school that is accredited by one of the regional accrediting associations;

(ii) A part of the approved curriculum of the school;

(iii) Directly supervised by the school;

(iv) Measured in the same unit as other courses;

(v) Required for graduation; and

(vi) Has a planned program of activities described in the school's official publication which is approved by the State approving agency and which is institutional in nature as distinguished from training on-the-job. The description shall include at least:

(A) A unit subject description;

(B) A provision for an assigned instructor;

(C) A statement that the planned program of activities is controlled by the school, not by the officials of the job establishment;

(D) A requirement that class attendance on at least a weekly basis be regularly scheduled to provide for interaction between instructor and student;

(E) A statement that appropriate assignments are required for completion of the course;

(F) A grading system similar to the system used for other resident subjects offered by the school; and

(G) A schedule of time required for the training which demonstrates that the student shall spend at least as much time in preparation and training as is normally required by the school for its other resident courses.

(g) Nonaccredited courses. Any nonaccredited internship program not given in a school will be recognized as other on-the-job training when it meets the requirements of § 21.4262 and when the program is required for licensure by the State in which it is offered. (See §21.4275 for measurement.)

[41 FR 26683, June 29, 1976, as amended at 43 FR 25429, June 13, 1978; 49 FR 39545, Oct. 9, 1984; 54 FR 34984, Aug. 23, 1989; 61 FR 6783, Feb. 22, 1996]

197-135 D-11

$21.4266 Courses offered at subsidiary branches or extensions.

(a) General. A State approving agency in approving a course offered at a subsidiary branch or extension of an educational institution may either approve the course separately from the course approved for the educational institution's parent facility (either its main campus or its principal teaching location in a State), or it may combine the approval for courses offered at the branch or extension with that for the courses offered at the educational institution's parent facility. The choice made by the State approving agency shall be governed by the provisions of this section.

(b) Combined approval. If the approval for the courses offered at a branch or extension is combined with the approval for the courses offered at the educational institution's parent facility, the branch or extension does not need to have its own administrative capability. In these cases the State approving agency will list the branches or extensions and the courses approved at each on the notice of approval sent to the educational institution pursuant to $21.4258. The approval of courses offered at a branch or extension may be combined with the approval of courses offered at a parent facility only when the branch or extension is located in the same State as the parent facility and one of the following conditions exist:

(1) The course offering at the branch or extension consists of a small number of unit subjects which do not comprise a program of education or a set curriculum large enough to allow pursuit on a continuing basis;

(2) The course offering at the branch or extension is being given on a temporary basis (the educational institution is contemplating no more than a few cycles of training);

(3) The facilities at the branch or extension contain insufficient space for an administrative capability to be developed.

(c) Separate approval. If the course offered at a subsidiary branch or extension cannot qualify under paragraph (b) of this section for a combined approval with the courses offered at the educational institution's parent facility,

the State approving agency can on approve the courses separately. Such course may not be approved if t branch or extension neither has admi istrative capability nor can qualify f an exception to having administrati capability.

(1) A branch or extension is consi ered to have an administrative cap bility when:

(i) The branch or extension mai tains all records and accounts requir by § 21.4209;

(ii) The branch or extension de ignates a named certifying official;

(iii) The branch or extension is ab to furnish to the Department of Ve erans Affairs without resort to the pa ent school all reports and certificatio required by §§ 21.4203 and 21.4204;

(iv) The branch or extension mai tains a local mailing address.

(2) Notwithstanding any other pro sions of this paragraph courses may approved separately at a branch or e tension without administrative cap bility if the parent facility within t same State:

(i) Maintains a centralized recor keeping system;

(ii) Can identify the records of st dents at each branch;

(iii) Specifies the branch locatic when certifying enrollments.