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State-approved alternative teacher certification program.

(Authority: 10 U.S.C. 16131(a), (c); 38 U.S.C. 3002, 3452)

(24) School year. The term school year means generally a period of 2 semesters or 3 quarters which is not less than 30 nor more than 39 weeks in total length.

(Authority: 10 U.S.C. 16136(b); Pub. L. 98–525)

(25) Standard class session. The term standard class session has the same meaning as provided in $21.4200(g) of this part.

(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3688(c); Pub. L. 98-525)

(26) Standard college degree. The term standard college degree has the same meaning as provided in $21.4200(e) of this part.

(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3688; Pub. L. 98-525)

(27) State. The term State has the same meaning as provided in $21.1021(C) of this part.

(Authority: 38 U.S.C. 101(20); Pub. L. 98–525)

(28) Vocational or professional objective. A vocational or professional objective is one that leads to an occupation. It may include educational objectives essential to prepare for the chosen occupation, but not include any educational objectives beyond the bachelor's degree. When a program of education consists of series of courses not leading to an educational objective, these courses must be pursued at an institution of higher learning and must be required for attainment of a designated vocational or professional objective.

Has a planned program of activilescribed in the institution of · learning's official publication is approved by the State approvrency and which is institutional ure as distinguished from trainn-the-job. The description shall e at least a unit subject descripa provision for an assigned inor; a statement that the planned im of activities is controlled by stitution of higher learning, not e officials of the job establisha requirement that class attendin at least a weekly basis be reguscheduled to provide for interi between instructor and student; tement that appropriate assignare required for completion of jurse; a grading system similar to istem used for other resident suboffered by the institution of high\rning; and a schedule of time rei for the training which demates that the student shall spend ast as much time in preparation raining as is normally required by nstitution of higher learning for her resident courses. D A course including student ing, or ) A flight training course when ded as a creditable part of an unaduate course leading to a standollege degree.

brity: 10 U.S.C. 16131(b); Pub. L. 98-525) School, educational institution, inon. The terms school, educational ition, and institution mean: A vocational school or business 1; A junior college, teachers' colcollege, normal school, profesI school, university, or scientific hnical institution; A public or private elementary I or secondary school which offers les for adults, provided that the les lead to an objective other than ementary school diploma, a high I diploma, or their equivalents; or Any entity, other than an insti

of higher learning, that provides ing required for completion of a

(Authority: 10 U.S.C. 16131(b); Pub. L. 98–525)

(29) Disabling effects of chronic alcoholism.

(i) The term disabling effects of chronic alcoholism means alcohol-induced physical or mental disorders or both, such as habitual intoxication, withdrawal, delirium, amnesia, dementia, and other like manifestations of chronic alcoholism which, in the particular case,-

(A) Have been medically diagnosed as manifestations of alcohol dependency or chronic alcohol abuse; and

cy of the Federal government autho ized to supervise such training.

(B) Are determined to have prevented commencement or completion of the affected individual's chosen program of education.

(ii) A diagnosis of alcoholism, chronic alcoholism, alcohol-dependency, chronic alcohol abuse, etc., in and of itself, does not satisfy the definition of this term.

(iii) Injury sustained by a reservist as a proximate and immediate result of activity undertaken by the reservist while physically or mentally unqualified to do so due to alcoholic intoxication is not considered a disabling effect of chronic alcoholism.

(Authority: 10 U.S.C. 2131(d), 16136(b); U.S.C. 3452(e); sec. 642(b), (d), Pub. L. 101-18 103 Stat. 1456–1458)

(33) Continuously enrolled. The ter continuously enrolled means being in a enrolled status at an educational inst tution for each day during the ordinar school year, and for consecutive scho years. Consequently, continuity of ei rollment is not broken by holiday V cations, vacation periods, periods du ing the school year between term quarters, or semesters, or by nonenrol ment during periods of enrollment ou side the ordinary school year (e.g summer sessions).

(Authority: 38 U.S.C. 105, 3031(d); Pub. L. 100 689)(Nov. 18, 1988)

(30) Cooperative course. The term cooperative course means a full-time program of education which consists of institutional courses and alternate phases of training in a business or industrial establishment with the training in the business or industrial establishment being strictly supplemental to the institutional portion.

(Authority: 10 U.S.C. 16136(b))

(34) Persian Gulf War. The term “Per sian Gulf War” means the period begin ning on August 2, 1990, and ending o the date thereafter prescribed by Pres dential proclamation or by law.

(Authority: 10 U.S.C. 2131(e); 38 U.S.C. 3686; sec. 642(b), (d), Pub. L. 101–189, 103 Stat. 1456 1458)

(31) Established charge. The term established charge means the lesser of

(i) The charge for the correspondence course or courses determined on the basis of the lowest extended time payment plan offered by the educational institution and approved by the appropriate State approving agency; or

(ii) The actual charge to the reservist.

(Authority: 38 U.S.C. 101(33))

(35) Alternative teacher certificatia program. The term alternative teache certification program, for the purposes determining whether an entity offerin such a program is a school, educationa institution, or institution as defined i paragraph (b)(23)(iv) of this sectioi means a program leading to a teacher certificate that allows individuals wit a bachelor's degree or graduate degre to obtain teacher certification withou enrolling in an institution of highe learning.

(Authority: 10 U.S.C. 16136; 38 U.S.C. 3452(

[53 FR 34740, Sept. 8, 1988, as amended at ! FR 57105, Dec. 3, 1992; 58 FR 51782, Oct. 5, 199 61 FR 20729, May 8, 1996; 61 FR 29300, June 1 1996; 64 FR 23773, May 4, 1999; 65 FR 5788, Fe 7, 2000)

CLAIMS AND APPLICATIONS

(Authority: 10 U.S.C. 2131(f); sec. 642(b), (d), Pub. L. 101–189, 103 Stat. 1456-1458)

(32) Training establishment. The term training establishment means any establishment providing apprentice or other on-job training, including those under the supervision of a college, university, any State department of education, any State apprenticeship agency, any State board of vocational education, any joint apprenticeship committee, the Bureau of Apprenticeship and Training established in accordance with 29 U.S.C. chapter 4C, or any agen

821.7530 Applications, claims, an

time limits. The provisions of subpart B of thi part apply with respect to clairns fo educational assistance under 10 U.S.c chapter 1606, VA actions upon receivin

zim, and time limits connected claims.

jority: 10 U.S.C. 16136(b); 38 U.S.C. 3472) 23773, May 4, 1999)

ELIGIBILITY

540 Eligibility for educational asistance. Basic eligibility requirements. The ed Forces will determine whether a vist is eligible to receive benefits iant to 10 U.S.C. chapter 1606 (or 10 D. chapter 106 as in effect before mber 1, 1994). To be eligible a restShall: Enlist, reenlist, or extend an enhent as a Reserve for service in the cted Reserve so that the total peof obligated service is at least six s from the date of such enlistment, listment, or extension; or ) Be appointed as, or be serving as, serve officer and agree to serve in Selected Reserve for a period of not than six years in addition to any r period of obligated service in the cted Reserve to which the person be subject; Must complete his or her initial od of active duty for training;

Must be participating satisfacy in the Selected Reserve; and Must not have elected to have his ?r service in the Selected Reserve ted toward establishing eligibility enefits provided under 38 U.S.C. ter 30.

(iii) The reservist does not have his or her eligibility limited as described in paragraph (c) of this section.

(2) A reservist shall be eligible to pursue all types of training described in subpart L of this part except the training described in paragraph (b)(3) of this section if

(i) After June 30, 1985, but not after September 30, 1990, he or she takes one of the actions described in paragraph (a)(1) or (a)(2) of this section;

(ii) The reservist has not received a baccalaureate degree or the equivalent evidence of completion of study;

(iii) The reservist meets all the other eligibility criteria of paragraph (a) of this section; and

(iv) The reservist does not have his or her eligibility limited by paragraph (c) of this section.

(3) The types of training which a reservist described in paragraph (b)(1) of this section may pursue, but which may not be pursued by a reservist described in paragraph (b)(2), are:

(i) A course which is offered by an educational institution which is not an institution of higher learning (to determine if a nursing course is offered by an institution of higher learning, see $21.7622(f));

(ii) A correspondence course;

(iii) A program of education leading to a standard college degree offered solely by independent study (but see $21.7622(f) concerning enrollment in a nonaccredited independent study course after October 28, 1992);

(iv) A refresher, remedial or deficiency course;

(v) A cooperative course;

(vi) An apprenticeship or other on-job training; and

(vii) A flight course.

ority: 10 U.S.C. 2132; 38 U.S.C. 3033(c); 151aX1), Pub. L. 98-525, 98 Stat. 2565; sec. b. L. 100-48, 101 Stat. 331; secs. 643, 645, L. 101–189, 103 Stat. 1458) Eligibility requirements for expanded fits. (1) A reservist shall be eligible pursue all types of training deved in subpart L of this part reless of whether he or she has reed a baccalaureate degree or equivt evidence of completion of study

After September 30, 1990, he or she s one of the actions described in graph (a)(1)(i) or (a)(1)(ii) of this lon;

The reservist meets the criteria aragraphs (a)(2) through (a)(4) of section; and

(Authority: 10 U.S.C. 2131, 2132, 2136; sec. 705(a)(1), Pub. L. 98-525, 98 Stat. 2565, 2567; secs. 642, 643, 645, Pub. L. 101-189, 103 Stat. 1456-1458)

(c) Limitations on establishing eligibility. (1) An individual must elect in writing whether he or she wishes service in the Selected Reserve to be credited towards establishing eligibility under 38 U.S.C. chapter 30 or under 10 U.S.C. chapter 1606 when:

(a)(3), (b), (c), and (d) of this section, reservist's period of eligibility expire effective the earlier of the followin dates:

(1) The last day of the 10-year peria beginning on the date the reservist be comes eligible for educational assist ance; or

(2) The date the reservist is separate from the Selected Reserve.

(i) The individual is a reservist who is eligible for basic educational assistance provided under 38 U.S.C. 3012, and has established eligibility to that assistance partially through service in the Selected Reserve; or

(ii) The individual is a member of the National Guard or Air National Guard who has established eligibility for basic educational assistance provided under 38 U.S.C. 3012 through activation under a provision of law other than 32 U.S.C. 316, 502, 503, 504, or 505 followed by service in the Selected Reserve.

(2) An election under this paragraph (c) to have Selected Reserve service credited towards eligibility for payment of educational assistance under 38 U.S.C. chapter 30 or under 10 U.S.C. chapter 1606 is irrevocable when the reservist either negotiates the first check or receives the first payment by electronic funds transfer of the educational assistance elected.

(3) If a reservist is eligible to receive educational assistance under both 38 U.S.C. chapter 30 and 10 U.S.C. chapter 1606, he or she may receive educational assistance alternately or consecutively under each of these chapters to the extent that the educational assistance is based on service not irrevocably credited to one or the other chapter as provided in paragraphs (c)(1) and (c)(2) of this section.

(Authority: 10 U.S.C. 16133; Pub. L. 100-689)

(3) If, during the Persian Gulf Wa the reservist serves on active duty pu suant to an order to active duty issue under 10 U.S.C. 672 (a), (d), or (g), 673 673b, the period of this active dut service plus four months shall not b considered in determining the tim limit on eligibility found in paragraph (a)(1) and (a)(2) of this section.

(Authority: 10 U.S.C. 16133; Pub. L. 98-52 Pub. L. 102–127) (Oct. 10, 1991).

(b) Completion of term of program. (1) a reservist is enrolled in an educationa institution regularly operated on th quarter or semester system, and the r servist's period of eligibility as define in paragraph (a) of this section woul expire during a quarter or semeste the period of eligibility shall be e tended to the end of the quarter or se mester.

(2) If a reservist is enrolled in an edt cational institution not regularly ope ated on the quarter or semester sy tem, and the reservist's period of elig bility as defined in paragraph (a) this section would expire after a majd portion of the course is completed, th period of eligibility shall be extende until the earlier of the following o curs:

(i) The end of the course, or

(ii) 12 weeks from the date on whic the reservist's eligibility otherwi would have expired.

(Authority: 10 U.S.C. 16132; 38 U.S.C. 3033(c)

(d) Dual eligibility. An individual who has established eligibility for basic educational assistance under 38 U.S.C. chapter 30 solely through service on active duty may establish eligibility for educational assistance under 10 U.S.C. chapter 1606 by meeting the requirements of paragraph (a) of this section.

(Authority: 10 U.S.C. 16132(d), 16134) (The information collection requirements in this section have been approved by the Office of Management and Budget under control number 2900–0594) (53 FR 34740, Sept. 8, 1988, as amended at 56 FR 9628, Mar. 7, 1991; 57 FR 57106, Dec. 3, 1992; 61 FR 20729, May 8, 1996; 61 FR 29301, June 10, 1996; 63 FR 45718, Aug. 27, 1998]

(Authority: 10 U.S.C. 16133(b)(1); Pub. L. 9 525)

(c) Discharge for disability. In the cas of a reservist separated from the S lected Reserve because of a disabili which was not the result of the indivi ual's own willful misconduct and whic was incurred on or after the date which the reservist became entitled

$ 21.7550 Ending dates of eligibility.

(a) Time limit on eligibility. Except as provided in $21.7551 and paragraphs

separated under adverse conditions from the Armed Forces.

educational assistance, the reservist's period of eligibility expires effective the last day of the 10-year period beginning on the date the reservist becomes eligible for educational assistance.

(Authority: 10 U.S.C. 16133) (53 FR 34740, Sept. 8, 1988, as amended at 57 FR 57106, Dec. 3, 1992; 58 FR 51783, Oct. 5, 1993; 61 FR 29302, June 10, 1996)

(Authority: 10 U.S.C. 16133(b); Pub. L. 100 629XNov. 18, 1988)

(d) Unit deactivated. (1) Except as provided in paragraph (d)(3) or (d)(4) of this section, the period of eligibility of a reservist, eligible for educational assistance under this subpart, who ceases to be a member of the Selected Reserve during the period beginning October 1, 1991, and ending September 30, 1999, under either of the conditions described in paragraph (d)(2) of this section, will expire on the date 10 years after the date the reservist becomes eligible for educational assistance.

(2) The conditions referred to in paragraph (d)(1) of this section for ceasing to be a member of the Selected Reserve are:

(i) The deactivation of the reservist's unit of assignment; and

(ii) The reservist's involuntarily ceasing to be designated as a member of the Selected Reserve pursuant to 10 U.S.C. 10143(a).

(3) The provisions of paragraphs (d)(1) and (d)(2) of this section do not apply if the reservist ceases to be a member of the Selected Reserve under adverse conditions, as characterized by the Secretary of the military department

ned. The expiration of such a re servist's period of eligibility will be on the date the reservist ceases, under adverse conditions, to be a member of the Selected Reserve.

(4) A reservist's period of eligibility will expire if he or she is a member of a reserve component of the Armed Forces and (after having involuntarily ceased to be a member of the Selected Reserve) is involuntarily separated from the Armed Forces under adverse conditions, as characterized by the Secretary of the military department concerned. The expiration of such a reservist's period of eligibility will be on the date the reservist is involuntarily

$21.7551 Extended period of eligi

bility. (a) Period of eligibility may be extended. VA shall grant an extension of a delimiting period determined by $21.7550(a)(1) of this part provided:

(1) The individual applies for an extension within the time period specified in $21.7532(e) of this part.

(2) The individual was prevented from initiating or completing the chosen program of education within the otherwise applicable eligibility period, because of a physical or mental disability, which is not the result of the reservist's own willful misconduct, and which was incurred in or aggravated by service in the Selected Reserve. VA will not consider the disabling effects of chronic alcoholism to be the result of willful misconduct. (See 821.7520(b)(29)). Evidence must establish that such a program of education was medically infeasible. VA will not grant a reservist an extension for a period of disability which was 30 days or less unless the evidence establishes that the reservist was prevented from enrolling or reenrolling in the chosen program, or was forced to discontinue attendance, because of the short disability.

(Authority: 10 U.S.C. 16133(b)(2), 38 U.S.C. 105, 3031(d); Pub. L. 98-525, Pub. L. 100_689)(Nov. 18, 1988)

(b) Commencing date. The reservist shall elect the commencing date of an extended period of eligibility. The date chosen

(1) Must be on or after the original date of expiration of eligibility as determined by $21.7550(a)(1) of this part, and

(2) Must either be

(i) On or before the 90th day following the date on which the reseryist's application for an extension was approved by VA if the reservist is

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