hority: 10 U.S.C. 16131, 16136(c)(1); 38 1.3034)

Independent study. (1) VA will pay ational assistance to a reservist is limited in the types of courses r she may pursue, as provided in 540(b)(2) and (b)(3), for an enrollt in any course or unit subject of1 by independent study only when reservist is enrolled concurrently le or more courses or unit subjects ed by resident training.

Only a reservist who meets the reements of § 21.7540(b)(1) may be paid ational assistance for an enrollt in an independent study course or subject leading to a standard coldegree without a simultaneous ennent in a course or unit subject ofI by resident training.

Except as provided in paragraph ) of this section and subject to the ictions found in paragraph (c)(1) of section, effective October 29, 1992, may pay educational assistance to servist who is enrolled in a nonedited course or unit subject of1 entirely or partly by independent y only if

Successful completion of the nonedited course or unit subject is reed in order for the reservist to plete his or her program of eduon and the reservist:

) Was receiving educational assiste on October 29, 1992, for pursuit of program of education of which the accredited independent study rse or unit subject forms a part; and 3) Has remained continuously ened in the program of education of ch the nonaccredited independent dy course or unit subject forms a t from October 29, 1992, to the date

the reservist enrolls in the nonaccredited independent study course or unit subject; or

(ii)(A) Was enrolled in and receiving educational assistance for the nonaccredited independent study course or unit subject on October 29, 1992; and

(B) Remains continuously enrolled in that course or unit subject.

(4) Whether or not the reservist is enrolled will be determined by the regularly prescribed standards and practices of the educational institution offering the course or unit subject.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3680A(a)(4); sec. 313(b), Pub. L. 102-568, 106 Stat. 4332)

(d) Graduate study. VA will pay educational assistance for an enrollment in a course or subject leading to a graduate degree or certificate when the training occurs after November 29, 1993.

(Authority: 10 U.S.C. 16131(c))

[53 FR 34740, Sept. 8, 1988, as amended at 61 FR 29303, June 10, 1996]

§ 21.7622 Courses precluded.

(a) Unapproved courses. VA will not pay educational assistance for an enrollment in any course which has not been approved by a State approving agency or by VA when that agency acts as a State approving agency. VA will not pay educational assistance for a new enrollment in a course when a State approving agency has suspended the approval of the course for new enrollments, nor for any period within any enrollment after the date that the State approving agency disapproves a course. See § 21.7720 of this part.

(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3672; Pub. L. 98-525)

(b) Courses not part of a program of education. VA will not pay educational assistance for an enrollment in any course which is not part of a program of education.

y: 10 U.S.C. 16131; Pub. L. 98-525)

(c) Erroneous, deceptive, misleading practices. VA will not pay educational assistance for an enrollment in any courses offered at an educational institution that uses advertising, sales, or

enrollment practices that are erroneous, deceptive, or misleading by actual statement, omission, or intimation. VA will apply the provisions of § 21.4252(h) in making these decisions with regard to enrollments under 10 U.S.C. chapter 1606.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3696)

(d) Avocational and recreational. (1) VA will not pay educational assistance for an enrollment in any course

(i) Which is avocational or recreational in character, or

(ii) The advertising for which contains significant avocational or recreational themes.

(2) VA presumes that the following courses are avocational or recreational in character unless the reservist justifies their pursuit to VA as provided in paragraph (3) of this section. The

courses are:

(i) Any photography course or entertainment course; or

(ii) Any music course, instrumental or vocal, public speaking course, or course in dancing, sports or athletics, such as horseback riding, swimming, fishing, skiing, golf, baseball, tennis, bowling, sports officiating, or other sport or athletic courses, except courses of applied music, physical education, or public speaking which are offered by institutions of higher learning for credit as an integral part of a program leading to an educational objective; or

(iii) Any other type of course which VA determines to be avocational or

recreational.

(3) To overcome a presumption that a course is avocational or recreational in character, the reservist must establish that the course will be of bona fide use in the pursuit of his or her present or contemplated business or occupation.

(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3473(d); Pub. L. 98-525)

(e) Mitigating circumstances. The reservist is not entitled to receive payment of educational assistance from VA for a course from which the reservist withdraws or receives a nonpunitive grade which is not used in computing the requirements for graduation unless

(Authority: 10 U.S.C. 16136(b), 38 U.S. 3680(a); Pub. L. 98-525)

(f) Other courses. (1) A reservist wh is limited in the types of courses he she may pursue, as provided § 21.7540(b)(2) and (b)(3), may not r ceive any educational assistance f pursuit of any of the types of trainir listed in §21.7540(b)(3).

(2) VA will not consider the hospit or field work phase of a nursing cours including a course leading to a degre in nursing, to be provided by an inst tution of higher learning unless

(i) The hospital or fieldwork phase an integral part of the course;

(ii) Completion of the hospital fieldwork phase of the course is a pr requisite to the successful completio of the course;

(iii) The student remains enrolled i the institution of higher learning du ing the hospital or fieldwork phase the course; and

(iv) The training is under the direc tion and supervision of the institutio of higher learning.

(3) A reservist who is limited in th types of courses he or she may pursue as provided in §21.7540(b)(2) and (b)(3 may not receive educational assistanc for an enrollment in a course pursue after the reservist has completed th course of instruction required for th award of a baccalaureate degree or th equivalent evidence of completion o study, unless the reservist is pursuin a course or courses leading to a grad uate degree or graduate certificate Such a reservist may receive edu cational assistance while pursuing course or courses leading to a graduat degree or graduate certificate (subjec to the restrictions in § 21.7620(d)) Equivalent evidence of completion o study may include, but is not limited to, a copy of the reservist's transcrip showing that he or she has received passing grades in all courses needed to obtain a baccalaureate degree at the

R:

itution of higher learning which he he has been attending.

) No reservist may receive payment ducational assistance from VA for: An audited course (see § 21.4252(i)); ) A new enrollment in a course dura period when approval has been ended by a State approving agency A;

1) Pursuit of a course by a nonriculated student except as prod in § 21.4252(1);

) An enrollment in a course at an ational institution for which the vist is an official of such instituauthorized to sign certificates of llment under 10 U.S.C. chapter

A new enrollment in a course h does not meet the veteran-noncan ratio requirement as computed r § 21.4201;

) Except as provided in § 21.7620(c), rollment in a nonaccredited indeent study course; or

i) An enrollment in a course ofunder contract for which VA apil is prohibited by §21.4252(m).

ority: 10 U.S.C. 16131(c), 16136(b); 38 3672(a), 3676, 3680(a), 3680A(f), 3680A(g); Public Law 101-189, 103 Stat. 1458)

34740. Sept. 8, 1988, as amended at 61 1729, May 8, 1996; 61 FR 29304, June 10, 52 FR 55762, Oct. 28, 1997; 65 FR 81743, 17, 2000]

624 Overcharges and restrictions n enrollments.

Overcharges. VA may disapprove ducational institution for further lments when the educational intion charges or receives from a rest tuition and fees that exceed the olished charges which the edunal institution requires from larly circumstanced nonreservists lled in the same course.

1ority: 10 U.S.C. 2136; 38 U.S.C. 3690; sec. X1). Pub. L. 98-525, 98 Stat. 2565, 2567; 642 (c), (d), 645(a)(1), Pub. L. 101-189, 103 1457-1458)

Restriction on enrollments. The proons of §21.4210(b) apply to any denination by VA as to whether to ose restrictions on approval of enments and whether to discontinue

payments to reservists already enrolled at an educational institution.

(Authority: 10 U.S.C. 2136; 38 U.S.C. 3690(b); sec. 705(a)(1), Pub. L. 98-525, 98 Stat. 2565, 2567; secs. 642 (c), (d), 645(a)(1), Pub. L. 101189, 103 Stat. 1457-1458)

[61 FR 29304, June 10, 1996, as amended at 63 FR 35837, July 1, 1998]

PAYMENTS-EDUCATIONAL ASSISTANCE $21.7630 Educational assistance.

VA will pay educational assistance pursuant to 10 U.S.C. chapter 1606 to an eligible reservist while he or she is pursuing approved courses in a program of education at the rates specified in § 21.7636 and § 21.7639.

(Authority: 10 U.S.C. 16131(b); Pub. L. 98-525) [53 FR 34740, Sept. 8, 1988, as amended at 61 FR 20729, May 8, 1996]

§ 21.7631 Commencing dates.

VA will determine the commencing date of an award or increased award of educational assistance under this section. When more than one paragraph in this section applies, VA will award educational assistance using the latest of the applicable commencing dates.

(a) Entrance or reentrance including change of program or educational institution. When an eligible reservist enters or reenters into training (including a reentrance following a change of program or educational institution), the commencing date of his or her award of educational assistance will be determined as follows:

(1) If the award is the first award of educational assistance for the program of education the reservist is pursuing, the commencing date of the award of educational assistance is the latest of:

(i) The date the educational institution certifies under paragraph (b) or (c) of this section;

(ii) One year before the date of claim as determined by §21.1029(b);

(iii) The effective date of the approval of the course, or one year before the date VA receives the approval notice whichever is later; or

(2) If the award is the second or subsequent award of educational assistance for the program of education the reservist is pursuing, the effective date

of the award of educational assistance is the later of

(i) The date the educational institution certifies under paragraph (b) or (c) of this section; or

(ii) The effective date of the approval of the course, or one year before the date VA receives the approval notice, whichever is later.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3672, 5103)

(b) Certification by educational institution-course or subject leads to a standard college degree. (1) When a student enrolls in a course offered by independent study, the commencing date of the award or increased award of educational assistance will be the date the student began pursuit of the course according to the regularly established practices of the educational institution.

(2) 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,

(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, and

(iii) The first scheduled class for the course or subject in which the student is enrolled begins during the calendar week when, according to the school's academic calendar, classes are generally scheduled to commence for the term.

(3) When a student enrolls in a resident course or subject whose first scheduled class begins after the calendar week when, according to the school's academic calendar, classes are scheduled to commence for the term, 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 the particular course or subject.

(4) When a student enrolls in a resident course or subject and neither the provisions of paragraph (b)(2) nor (b)(3) of this section apply to the enrollment,

the commencing date of the award c increased award of educational assist ance will be the first scheduled date classes for the term, quarter, or semes ter in which the student is enrolled.

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

(c) Certification by educational institi tion-course does not lead to a standar college degree. (1) When a reservist er rolls in a course which does not lead t a standard college degree and which i offered in residence, the commencin date of the award of educational assist ance will be as stated in paragraph ( of this section.

(2) When a reservist enrolls in course which is offered by correspond ence, the commencing date of th award of educational assistance shal be the later of

or

(i) The date the first lesson was sent

(ii) The date of affirmance in accord ance with 38 U.S.C. 3686.

(3) When a reservist enrolls in a pro gram of apprenticeship or other on-jo training, the commencing date of th award of educational assistance shal be the first date of employment in the training position.

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

(d) Liberalizing laws and VA issues When a liberalizing law or VA issue af fects the commencing date of a reserv ist's award of educational assistance that commencing date shall be in ac cordance with facts found, but not ear lier than the effective date of the ac or administrative issue.

(Authority: 38 U.S.C. 5112(b), 5113; Pub. L. 98

525)

(e) Individuals in a penal institution. I a reservist is paid a reduced rate o educational assistance under §21.763 (d), (e), (f), (g) and (h) of this section the rate will be increased or assistance will commence effective the earlier o the following dates:

(1) The date the tuition and fees are no longer being paid under another Federal program or a State or local program, or

(2) The date of the release from the prison or jail.

(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3482 g); Pub. L. 98-525) (f) [Reserved]

(g) Increase (“kicker") in amount payable. If a reservist is entitled to an increase ("kicker") in the monthly rate of educational assistance because he or she has met the requirements of $21.7636(b), the effective date of that increase ("kicker") will be the latest of the following dates:

(1) The commencing date of the reservist's award as determined by paragraphs (a) through (g) of this section;

$21.7635

Discontinuance dates.

The effective date of reduction or discontinuance of educational assistance will be as stated in this section. If more than one type of reduction or discontinuance is involved, the earliest date will control.

(a) Death of reservist. (1) If the reservist receives an advance payment and dies before the end of the period covered by the advance payment, the discontinuance date of educational assistance shall be the last date of the period covered by the advance payment.

(2) In all other cases if the reservist dies while pursuing a program of education, the discontinuance date of edu

(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3680(a); Pub. L. 102-127) (Aug. 1, 1990)

(2) If the reservist withdraws from all courses with mitigating circumstances or withdraws from all courses such that a punitive grade is or will be assigned for those courses or the reservist withdraws from all courses because he or she is ordered to active duty, VA will terminate educational assistance for

(i) Residence training: last date of attendance; and

(ii) Independent study: official date of change in status under the practices of the institution of higher learning.

(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3680(a); Pub. L. 98-525, Pub. L. 102-127) (Aug. 1, 1990)

(3) When a reservist withdraws from a correspondence course, VA will terminate educational assistance effective the date the last lesson is serviced.

(4) When a reservist withdraws from an apprenticeship or other on-job training, VA will terminate educational assistance effective the date of last training.

(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3680(a); sec. 705(a)(1), Pub. L. 98-525, 98 Stat. 2565, 2567; sec. 642 (c), (d), Pub. L. 101-189, 103 Stat. 1457-1458)