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enrollment practices which are erro- the school authorized to sign cel neous, deceptive or misleading by ac- cates of enrollment or monthly cei tual statement, omission or intima- cates of attendance or monthly ce tion. VA will apply the provisions of cations of pursuit, an owner of $21.4252(h) of this part in making these school, or an operator of the school decisions with regard to enrollments (7) Except as provided in $21.712 under 38 U.S.C. chapter 30 as it does in an enrollment in a nonaccredited i making similar decisions with regard pendent study course; or to enrollments under 38 U.S.C. chapter (8) An enrollment in a course off 34.

under contract for which VA appr

is prohibited by $21.4252(m). (Authority: 38 U.S.C. 3034, 3696; Pub. L. 98525)

(Authority: 38 U.S.C. 3002(3), 3034, 361 (d) Restrictions on enrollment: percent

3676, 3680(a), 3680A(a), 3680A(f), 3680A(g)) age of students receiving financial sup- (53 FR 1757, Jan. 22, 1988, as amended a port. Except as otherwise provided VA

FR 28386, July 11, 1990; 56 FR 20135, Ma shall not approve an enrollment in any

1991; 61 FR 6788, Feb. 22, 1996; 65 FR 8: course for a veteran or servicemember,

Dec. 27, 2000) not already enrolled for any period dur 821.7124 Overcharges. ing which more than 85 percent of the students enrolled in the course are hav

VA may disapprove an educatio ing all or part of their tuition, fees or

institution for further enrollmer other charges paid for them by the edu

when the educational institut cational institution or by VA pursuant

charges or receives from a veteran to title 38, United States Code. This re

servicemember tuition and feest striction may be waived in whole or in

exceed the established charges wh part. In determining which courses to

the educational institution requi apply this restriction to and whether

from similarly circumstanced n to waive this restriction, VA will apply

veterans enrolled in the same course the provisions of $21.4201 of this part to (Authority: 38 U.S.C. 3034, 3690; Pub. L. enrollments under 38 U.S.C. chapter 30 525) in the same manner as it does to enrollments under 38 U.S.C. chapter 34.

PAYMENTS EDUCATIONAL ASSISTANC (Authority: 38 U.S.C. 3034, 3473(d); Pub. L. 98

$21.7130 Educational assistance. 525)

VA will pay educational assistance (e) Other courses. VA shall not pay

an eligible veteran or servicememl educational assistance for

while he or she is pursuing approv (1) An enrollment in an audited

courses in a program of education course (see $21.4252(i));

the rates specified in $821.7136, 21.7. (2) An enrollment in a course for

and 21.7139 of this part. which the veteran or servicemember (Authority: 38 U.S.C. 3015, 3022, 3032; Pub. received a nonpunitive grade in the ab- 98-525) sence of mitigating circumstances (see $21.4252());

821.7131 Commencing dates. (3) New enrollments in a course VA will determine the commenci where approval has been suspended by date of an award or increased award a State approving agency;

educational assistance under this se (4) An enrollment in certain courses tion. When more than one paragraph, being pursued by nonmatriculated stu this section applies, VA will award ed dents as provided in $21.4252(1);

cational assistance using the latest (5) Except as provided in $21.4252(j), the applicable commencing dates.. an enrollment in a course from which (a) Entrance or reentrance incluar the veteran or servicemember with change of program or educational instit drew without mitigating cir tion. When an eligible veteran cumstances;

servicemember enters or reenters 11. (6) An enrollment in a course offered training (including a reentrance by a proprietary school when the vet- lowing a change of program or eran or servicemember is an official of cational institution), the comme

of his or her award of educational tance will be determined as fol

or

If the award is the first award of ational assistance for the program education

the veteran icemember is pursuing, the comcing date of the award of eduonal assistance is the latest of: The date the educational institucertifies under paragraph (b) or (c) his section; One year before the date of claim etermined by $21.1029(b); ) The effective date of the apral of the course, or one year before date VA receives the approval nowhichever is later; or If the award is the second or sublent award of educational assist3 for the program of education the ran or servicemember is pursuing, effective date of the award of eduLonal assistance is the later ofD) The date the educational institun certifies under paragraph (b) or (c) this section; or i) The effective date of the approval he course, or one year before the VA receives the approval notice, chever is later.

quarter, or semester, the commencing date of the award or increased award of educational assistance allowance will be the actual date of the first class scheduled for that particular course or subject.

(4) When a student enrolls in a resident course or subject, the commencing date of the award will be the date of reporting provided that,

(i) The published standards of the school require the student to register before reporting, and

(ii) The published standards of the school require the student to report no more than 14 days before the first scheduled date of classes for the term, quarter or semester for which the student has registered.

(5) When the student enrolls in a resident course or subject and the first day of classes is more than 14 days after the date of registration, the commencing date of the award or the increased award of educational assistance will be the first day of classes.

(Authority: 38 U.S.C. 3014, 3023; Pub. L. 98525)

thority: 38 U.S.C. 3014, 3023, 3034, 3672, 5110 b), 5113)

Certification by schoolthe course ubject leads to a standard college de

(1) When the student enrolls in a ise offered by independent study, commencing date of the award or eased award of educational assiste will be the date the student began suit of the course according to the nlarly established practices of the rational institution. Except as provided in paragraphs 3), (b)(4) and (b)(5) of this section n a student enrolls in a resident rse or subject, the commencing date the award or increased award of eduional assistance will be the first eduled date of classes for the term, rter or semester in which the stu

is enrolled. When the student enrolls in a resicourse or subject whose first duled class begins after the calIr week when, according to the Bol's academic calendar, classes are eduled to commence for the term,

(c) Certification by educational institution of training establishmentcourse does not lead to a standard college degree. (1) When a veteran or servicemember enrolls in a course which does not lead to a standard college degree and which is offered in residence, the commencing date of the award of educational assistance will be as stated in paragraph (b) of this section.

(2) When a veteran or servicemember enrolls in a course which is offered by correspondence, the commencing date of the award of educational assistance shall be the later of

(i) The date the first lesson was sent, or

(ii) The date of affirmance.

(3) When a veteran enrolls in a program of apprenticeship or other on-thejob training, the commencing date of the award of educational assistance shall be the first date of employment in the training position.

(Authority: 38 U.S.C. 3014, 3023; Pub. L. 98 525, Pub. L. 99-576)

(d) Individual is eligible due to combining active duty as an enlisted member or warrant officer with active duty as a

commissioned officer. If a veteran served in the Armed Forces both as an enlisted member or warrant officer and as a commissioned officer, and that service was such that he or she is eligible only through application of $21.7020(b)(6)(v), the commencing date of the award of educational assistance will be no earlier than November 30, 1999.

re

(Authority: Sec. 702(c), Pub. L. 106-117, 113 Stat. 1583).

(e) Increase for a dependent. A veteran who was eligible for educational assistance allowance under 38 U.S.C. chapter 34 on December 31, 1989, is entitled to additional educational assistance for dependents. No other veteran

or servicemember is eligible for additional educational assistance. The effective date for the additional educational assistance is determined as follows.

(1) The veteran may acquire one or more dependents before he or she enters or reenters a program of education. When this occurs, the following rules apply.

(i) The effective date of the increase will be the date of entrance or entrance if

(A) VA receives the claim for the increase within 1 year of the date of entrance or reentrance, and

(B) VA receives necessary evidence within 1 year of its request, or the veteran shows that good cause exists for VA's not receiving the necessary evidence within 1 year of its request. See 821.7032.

(ii) The effective date of the increase will be the date the VA receives notice of the dependent's existence if

(A) VA receives the claim for the increase more than 1 year after the date of entrance or reentrance, and

(B) VA receives notice of the dependent's existence if evidence is received either within 1 year of VA request, or the veteran shows that there is good cause to extend the one-year time limit to the date on which VA received notice of the dependent's existence.

(iii) The effective date will be the date VA receives all necessary evidence, if that evidence is received more than 1 year from the date VA requests it, unless the veteran is able to show used to establish the effective date of an award of educational assistance when the veteran or servicemember has established eligibility under either $21.7042 (a)(7) or (b)(10). The commencing date of an award of educational assistance for such a veteran or servicemember is the latest of the following:

that there is good cause to ext one-year time limit to the which VA received notice of pendent's existence. If the shows good cause, the provi paragraph (e)(1)(ii)(B) of this will apply.

(2) If the veteran acquires a ent after he or she enters or re program of education, the incrt be effective on the latest of lowing dates:

(i) Date of the veteran's mari birth of his or her child, or his adoption of a child, if the evid the event is received within 1 the event.

(ii) Date notice is received of pendent's existence if evideno ceived either within 1 year of request, or the veteran shov there is good cause to extend t year time limit to the date or VA received notice of the depe existence.

(iii) The date VA receives evii this date is more than 1 year at VA request, and the veteran is n to show that there is good cause tend the one-year time limit 1 date on which VA received no the dependent's existence.

(Authority: 38 U.S.C. 5110(n)) (See $3.667 of this chapter as to dates with regard to children age older who are attending school)

(f) Liberalizing laws and VA When a liberalizing law or VA i fects the commencing date of eran's or servicemember's an educational assistance, that mencing date shall be in acco with facts found, but not earlie the effective date of the act or istrative issue.

(Authority: 38 U.S.C. 5112(b), 5113; Pu 525)

(g) Correction of military (821.7050(b)). The eligibility of eran may arise because the na the veteran's discharge or rel changed by appropriate milita thority. In these cases the comm date of educational assistance in accordance with facts found, 1

(1) The commencing date as determined by paragraphs (a) through (c) and (f) through (j) of this section;

(2) The date of election provided that

(i) The servicemember initiated the $1,200 reduction in basic pay required by $21.7042(g)(4) and the full $1,200 was collected through that pay reduction;

(ii) Within one year of the date of election VA both collected from the veteran $1,200 or the difference between $1,200 and the amount collected through a reduction in the veteran's military pay,

provided in $21.7042(g)(4), and received from the veteran any other evidence necessary to establish a valid election; or

(iii) VA received from the veteran $1,200 or the difference between $1,200 and the amount collected through a reduction in the veteran's military pay and any other evidence necessary to establish a valid election within one year of the date VA requested the money and/or the evidence.

(3) If applicable, the date VA collected the difference between $1,200 and the amount by which the servicemember's military pay was reduced, if the provisions of paragraph (1/2)(ii) or (1)(2)(iii) of this section are not met; or

(4) If applicable, the date VA collected $1,200, if the provisions of paragraph (1)(2)(ii) or (1)(2)(iii) of this section are not met.

as

(Authority: 38 U.S.C. 5113; sec. 107, Pub. L. 104-275, 110 Stat. 3329-3330)

(m) Eligibility established under 21.7045(d). This paragraph must be used to establish the effective date of an award of educational assistance when the veteran or servicemember has established eligibility under $21.7045(d). The commencing date of an award of educational assistance for such a veteran or servicemember is the latest of the following:

than the date the nature of the ge or release was changed.

ity: 38 U.S.C. 3031(b); Pub. L. 98-525) Idividuals in a penal institution. If ran or servicemember is paid a i rate of educational assistance $21.7139 (c), (d), (e), (f) and (g) of urt, the rate will be increased or ince will commence effective the of the following dates: he date the tuition and fees are iger being paid under another

program or a State or local

m. or

The date of the release from the

1 or jail.

rity: 38 U.S.C. 3034, 3482(g); Pub. L. 98–

Commitment to service in the SeReserve. If a veteran has estabI eligibility to educational assistthrough two years' active duty ce, and he or she establishes entient to an increased monthly rate agh commitment to serve four in the Selected Reserve, the efte date of the increase is the date ich he or sheis committed to serve four years e Selective Reserve, and Is attached to a unit of the SeI Reserve.

srity: 38 U.S.C. 3012; Pub. L. 98-525) Reserved] Increase ("kicker'') due to service in lected Reserve. If a veteran is entito an increase ("kicker”) in the hly rate of basic educational ashce because he or she has met the rements of $21.7136(g) or 37(e), the effective date of that in("kicker") will be the latest of Sllowing dates: The commencing date of the vets award as determined by parahs (a) through (j) of this section; The first date on which the vetis entitled to the increase (kicks determined by the Secretary of ilitary department concerned; or February 10, 1996.

rity: 10 U.S.C. 16131) Shigibility established under $21.7042 or (6)(10). This paragraph must be

as

(1) The commencing date as determined by paragraphs (a) through (c) and (f) through (j) of this section;

(2) The date of election provided that

(i) The servicemember initiated the $1,200 reduction in basic pay required by $21.7045(d)(3) and the full $1,200 was collected through that pay reduction;

(ii) Within one year of the date of election VA both collected from the veteran $1,200 or the difference between $1,200 and the amount collected through a reduction in the veteran's military pay,

provided in $21.7045(d)(3), and received from the veteran any other evidence necessary to establish a valid election; or

(iii) VA received from the veteran $1,200 or the difference between $1,200 and the amount collected through a reduction in the veteran's military pay and any other evidence necessary to establish a valid election within one year of the date VA requested the money and/or the evidence.

(3) If applicable, the date VA collected the difference between $1,200 and the amount by which the servicemember's military pay was reduced, if the provisions of paragraph (m)(2)(ii) or (m)(2)(iii) of this section are not met; or

(4) If applicable, the date VA collected $1,200, if the provisions of paragraph (m)(2)(ii) or (m)(2)(iii) of this section are not met.

lish that the election is valid the later of:

(A) October 23, 1993; or

(B) One year from the date quested the $1,200 or the eviden essary to establish a valid elec

(iii) The date VA received th required to be collected purst $21.7045(c)(2) and all other & needed to establish that the ele valid, if the provisions of pai (n)(1)(ii) of this section are not i

(2) If the veteran is entitled ceive educational assistance to U.S.C. ch. 32 on the date he made a valid election to recei cational assistance under 38 U. 30, the effective date of the ai educational assistance will be est of the following:

(i) The commencing date as mined by paragraphs (a) thror and (f) through (j) of this section

(ii) The date on which they made a valid election to receiv cational assistance under 38 chapter 30 provided that VA re the $1,200 required to be collecte suant to $21.7045(C)(2) and any evidence necessary to establish the election is valid before the la

(A) One year from the date ceived the valid election; or

(B) One year from the date quested the $1,200 or the eviden essary to establish a valid elect

(iii) The date VA received the required to be collected pursu $21.7045(c)(2) and all other et needed to establish that the elet valid, if the provisions of par (n)(2)(ii) of this section are not m

(Authority: 38 U.S.C. 3018C(a), (b), 5113)

(n) Eligibility established under $21.7045(c). The effective date of an award of educational assistance when the veteran has established eligibility under $21.7045(c) is as follows:

(1) If the veteran is not entitled to receive educational assistance under 38 U.S.C. ch. 32 on the date he or she made a valid election to receive educational assistance under 38 U.S.C. ch. 30, the effective date of the award of educational assistance will be the latest of the following.

(i) The commencing date as determined by paragraphs (a) through (c) and (f) through (j) of this section; or

(ii) October 23, 1992, provided that VA received the $1,200 required to be collected pursuant to $21.7045(c)(2) and any other evidence necessary to estab

(Authority: 38 U.S.C. 3018B) (The Office of Management and Bud approved information collection ments in this section under control 2900–0607.)

(53 FR 1757, Jan. 22, 1988, as amend FR 28386, July 11, 1990; 56 FR 11672, 1991; 57 FR 40615, Sept. 4, 1992; 61 ) Feb. 22, 1996; 62 FR 55519, Oct. 27, 199 34132, June 23, 1998; 64 FR 23773, May 65 FR 5788, Feb. 7, 2000; 66 FR 38939, 2001; 66 FR 39280, July 30, 2001; 66 F Aug. 13, 2001)

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