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club, since it is not a charge 1 flight course.

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

(k) Substitute aircraft. Exce minor substitutions a servicemember or reservist enro a flight course may train only aircraft approved for that cour particular aircraft is not availa some compelling reason, the v servicemember or reservist may mitted to train in an aircraft di from that approved for the par course, provided the aircraf stituted will adequately me training requirements for thi ticular phase of the course. tutions should be explained monthly certifications of flight ing. If this shows that the cha the substituted aircraft is di from the charge approved for t ular aircraft, the reimburseme be based on the lesser charge substitution becomes the practic er than the exception, VA will & payments and notify the ve servicemembers, reservists ar school. VA will refer the matter State approving agency for appr action.

(Authority: 10 U.S.C. 16136(b), 1613 U.S.C. 3034(d), 3672(a))

(1) Enrollment limitations. A course must meet the 85–15 1 ratio requirement set forth in before VA may approve new ments in the course. The cont portion of a flight course must m the requirements of $21.4201 fo subcontractor.

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

(Authority: 10 U.S.C. 16136(b); 33 3034(d), 3241(c), 3680A(d)) (The Office of Management and Bud approved the information collection 1 ments in this section under control 2900–0613) [45 FR 51778, Aug. 5, 1980, as amende FR 37992, Aug. 22, 1983; 57 FR 29801, 1992; 59 FR 21938, Apr. 28, 1994; 61 FI May 8, 1996; 63 FR 34130, June 23, 1998 12474, Mar. 19, 2002]

4264 Farm cooperative courses. ) Description of a farm cooperative se. A farm cooperative course is an itutional agricultural course. It rides training on a reduced basis to e engaged in farming, compared to r types of training. Part-time ben

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)

are provided for students whose ing operation will not permit

to attend class at least 10 hours reek Farm cooperative students must be Ts. In order to receive educational tance allowance an eligible person be engaged concurrently in agrinl employment for an average of ast 40 hours per week. This agriiral employment must be relevant e farm cooperative course. Acceptable class schedules. (1) The tutional portion of a farm cooperacourse: May be on a term, quarter or seter basis, or ) May consist of courses which: Are offered during at least 44 ks of the year, and Require a minimum of 5 clock s per week. The time involved in field trips individual and group instruction, tored and conducted by the edunal institution offering farm coopre courses may be counted toward ing the clock-hour requirements. 21.4270(c) of this part for measureof farm cooperative courses.

srity: 38 U.S.C. 3482, 3532) Application. (1) Any school desirto enroll spouses or children in cooperative courses: Will submit to the appropriate approving agency a written aption for approval in accordance $21.4253 or $21.4254 as appropriate;

Must submit statements of fact ing at least the following: That the course is set up in the I catalog or other literature of chool; That the agricultural course is of

concurrently with agricultural pyment; and That the school itself verifies on atinuing basis that students are zed for an average of at least 40 s per week in suitable agricultural

$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.

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

(2) Courses offered by schools whi lead to the objective of practical nur practical trained nurse, or licens practical nurse will be assessed as : stitutional training including both t academic subjects and the clinic training if the clinical training is fered by an affiliated or cooperati hospital and the student is enrolled and supervised by the school during t period of such clinical training. Al they must be accredited by a natic ally recognized accrediting agency meet the requirements of the licensi body of the State in which the school located.

(3) Except for enrollment in a nurs aide course approved pursuant $21.4253(a)(5), VA shall not approve enrollment in a nonaccredited nursi course which does not meet the licei ing requirements of the State whe the course is offered.

(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

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

(c) Medical and dental specia courses. (1) Required clinical traini included in a school course given in affiliated hospital, clinic, laboratoi or medical center as a part of a me ical or dental specialty course wheth accredited or nonaccredited offered a school such as X-ray technician, me ical technician, medical records admi istrator, physical therapist or dent technician shall be assessed as instit 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 successi completion of the course; and

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

(iii) The course includes substanti technical or professional training a does not consist of training prelin narily directed to clerical, administi tive, secretarial, or receptionist dutit

(2) Medical and dental special courses offered in hospitals, clinic laboratories, or medical centers whi are accredited as institutional cours by a nationally recognized accrediti agency will be assessed as institution training.

is:

as

Clinical training included in a lowing conditions are met. The course ol course given in a physician's ofor a dentist's office, also called (i) Accredited by a nationally recognship, will be recognized as part nized accrediting agency or is offered be institutional training if the

by a school that is accredited by one of se is accredited by a nationally the regional accrediting associations; mized accrediting agency and

(ii) A part of the approved curs the other requirements of para

riculum of the school; h (cXI) of this section. If the

(iii) Directly supervised by the se is not so accredited such prac

school; or on-the-job training or experi

(iv) Measured in the same unit as in a physician's office may not be

other courses; ded unless the program is apd as a cooperative course.

(v) Required for graduation; and Nonaccredited courses offered in

(vi) Has a planned program of activitals, clinics, laboratories, or med

ties described in the school's official enters will be considered on-the- publication which is approved by the aining when the courses meet the State approving agency and which is rements of $21.4262.

institutional in nature as distinguished Medical and dental assistants from training on-the-job. The descripus for the Department of Veterans

tion shall include at least: 13. A course prescribed by the Sec- (A) A unit subject description; y for full-time physicians' assist- (B) A provision for an assigned inor for full-time expanded-function structor; liaries (formerly referred to (C) A statement that the planned ists' assistants) may be approved program of activities is controlled by istitutional training, if the course the school, not by the officials of the nducted at Department of Vet- job establishment; Affairs facilities or in facilities

(D) A requirement that class attendted by hospitals, medical schools,

ance on at least a weekly basis be regudical installations pursuant to a

larly scheduled to provide for interact with the Department of Vet

action between instructor and student; Affairs.

(E) A statement that appropriate as

signments are required for completion brity: 38 U.S.C. 7407)

of the course; Professional training courses. (1) (F) A grading system similar to the non-medically related professional system used for other resident subjects nship program, such as a clinical

offered by the school; and ral course, will be recognized as

(G) A schedule of time required for nstitutional course when it is ac

the training which demonstrates that ited as an institutional course by a

the student shall spend at least as inally recognized accrediting agen

much time in preparation and training nd

as is normally required by the school The approved facility for such a

for its other resident courses. le must be the institution or other

(g) Nonaccredited courses. Any nonty where the training is given.

accredited internship program not Other practical training courses. (1)

given in a school will be recognized as r off-campus job experience in

other on-the-job training when it d in a school course, variously deed by schools as internship, res

meets the requirements of $21.4262 and y, practicum, externship, et

when the program is required for licena, may be included as a part of a

sure by the State in which it is offered. erative program when the course

(See $21.4275 for measurement.) s the requirements of $21.4233(a).

[41 FR 26683, June 29, 1976, as amended at 43 However, such off-campus courses FR 25429, June 13, 1978; 49 FR 39545, Oct. 9, be considered as resident institu- 1984; 54 FR 34984, Aug. 23, 1989; 61 FR 6783, al training only if all of the fol- Feb. 22, 1996)

197-135 D-11

821.4266 Courses offered at subsidiary the State approving agency can o branches or extensions.

approve the courses separately. Suc (a) General. A State approving agency

course may not be approved if in approving a course offered at a sub

branch or extension neither has adn sidiary branch or extension of an edu

istrative capability nor can qualify cational institution may either ap

an exception to having administrat prove the course separately from the capability. course approved for the educational in

(1) A branch or extension is con stitution's parent facility (either its ered to have an administrative ca main campus or its principal teaching bility when: location in a State), or it may combine (i) The branch or extension m the approval for courses offered at the tains all records and accounts requi branch or extension with that for the by $21.4209; courses offered at the educational in (ii) The branch or extension ( stitution's parent facility. The choice ignates a named certifying official; made by the State approving agency (iii) The branch or extension is a shall be governed by the provisions of to furnish to the Department of V this section.

erans Affairs without resort to the 1 (b) Combined approval. If the approvalent school all reports and certificati for the courses offered at a branch or required by $8 21.4203 and 21.4204; extension is combined with the ap- (iv) The branch or extension ma proval for the courses offered at the tains a local mailing address. educational institution's parent facil (2) Notwithstanding any other pro ity, the branch or extension does not sions of this paragraph courses may need to have its own administrative ca approved separately at a branch or pability. In these cases the State ap tension without administrative ca proving agency will list the branches bility if the parent facility within or extensions and the courses approved same State: at each on the notice of approval sent (i) Maintains a centralized reco to the educational institution pursuant keeping system; to $21.4258. The approval of courses of (ii) Can identify the records of s fered at a branch or extension may be dents at each branch; combined with the approval of courses

(iii) Specifies the branch locat: offered at a parent facility only when

when certifying enrollments. the branch or extension is located in the same State as the parent facility (Authority: 38 U.S.C. 3672, 3689(c)) and one of the following conditions

CROSS REFERENCE: Period of operation exist:

course. See $21.4251. (1) The course offering at the branch or extension consists of a small number [43 FR 35303, Aug. 9, 1978, as amended at of unit subjects which do not comprise

FR 62503, Oct. 31, 1979; 61 FR 26115, May a program of education or a set cur

1996) riculum large enough to allow pursuit

$21.4267 Approval of independe on a continuing basis;

study. (2) The course offering at the branch or extension is being given on a tem

(a) Overview. Except as provided porary basis (the educational institu

88 21.4252(g), 21.7120(c), and 21.7622(f), tion is contemplating no more than a

may not pay educational assistance few cycles of training);

a nonaccredited course which is offer (3) The facilities at the branch or ex

in whole or in part by independe tension contain insufficient space for

study. Hence, it is necessary to an administrative capability to be de

ferentiate independent study fr veloped.

similar courses. (c) Separate approval. If the course offered at a subsidiary branch or exten

(Authority: 38 U.S.C. 3014, 3523, 3672, 3676

3680A(a)) sion cannot qualify under paragraph (b) of this section for a combined approval (b) Definition of independent study. with the courses offered at the edu- VA considers a course to be offered cational institution's parent facility, tirely by independent study when

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