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prescribed standards of the education institution he or she is attending.

time for completion of the independent study portion of the enrollment, the certification must include an ending date for the independent study based on the educational institution's estimate for completion.

(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 347 Pub. L. 98-525)

(b) Satisfactory conduct. In order 1 receive educational assistance for pu suit of a program of education, a ni servist must maintain satisfactoi conduct according to the regularly pr scribed standards and practices of tl educational institution in which he she is enrolled. If the reservist will i longer be retained as a student or wi not be readmitted as a student by tl educational institution in which he she is enrolled, the VA will discontini educational assistance, unless furth development establishes that the ed cational institution's action is retali tory.

(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3684; Pub. L. 98-525)

(c) Verification of pursuit. (1) A reservist who is pursuing a course leading to

course leading to a standard college degree must have his or her continued enrollment in and pursuit of the course verified for the entire enrollment period. Verification of continued enrollment will be made at least once a year and in the last month of enrollment if the enrollment period ends more than 3 months after the last verification. In the case of a reservist who completed, interrupted or terminated his or her course, any communication from the reservist or other authorized person notifying the

person notliying the VA of the reservist's completion of a course as scheduled or an earlier termination date, will be accepted to terminate payments accordingly.

(2) The verification of pursuit will also include a report on the following items when applicable:

(i) Continued enrollment in and pursuit of the course,

(ii) Conduct and progress (See $21.7653(c)),

(iii) Date of interruption or termination of training (See $21.7656(a)),

(iv) Changes in number of credit hours or clock hours of attendance (See $21.7656(a)), and

(v) Any other changes or modifications in the course as certified at enrollment.

(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 34" Pub. L. 98-525)

(c) Satisfactory attendance. In order receive educational assistance for pu suit of a program of education, a r servist must maintain satisfactor course attendance. VA will discontin educational assistance if the reservi does not maintain satisfactory cour attendance. Attendance is unsatisfa tory if the reservist does not attend a cording to the regularly prescribe standards of the educational instit tion in which he or she is enrolled.

(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 34" sec. 705(a)(1). Pub. L. 98-525, 98 Stat. 25 2567; sec. 642 (c), (d), Pub. L. 101–189, 103 Sta 1457-1458)

(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3680(g); Pub. L. 98–525) (52 FR 34740, Sept. 8, 1988, as amended at 61 FR 29482, June 11, 1996)

821.7653 Progress, conduct, and at

tendance. (a) Satisfactory pursuit of program. In order to receive educational assistance for pursuit of a program of education, a reservist must maintain satisfactory progress. Progress is unsatisfactory if the reservist does not satisfactorily progress according to the regulatory

(d) Reports. At times the unsatisfa tory progress, conduct, or course a tendance of a reservist is caused by results in his or her interruption termination of training. If this occur the interruption or termination sha be reported in accordance wi $21.7656(a). If the reservist continues training despite making unsatisfacto progress, the fact of his or her unsati factory progress must be reported VA within the time allowed by par graphs (d)(1), (d)(2), and (d)(3) of th section.

(1) A reservist's progress may becom unsatisfactory as a result of the grad

he

he or she receives. The educational in- (ii) In all other cases, VA determines stitution shall report such unsatisfac- that tory progress to VA in time for VA to (A) The cause of the unsatisfactory receive it before the earlier of the fol attendance, conduct, or progress in the lowing dates is reached:

previous program has been removed (i) Thirty days from the date on and is not likely to recur; and which the school official who is respon- (B) The program which the reservist sible for determining whether a stu- now proposes to pursue is suitable to dent is making progress first receives his or her aptitudes, interests, and the final grade report which establishes abilities. that the reservist is not progressing satisfactorily; or

(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3474; (ii) Sixty days from the last day of

sec. 705(a)(1), Pub. L. 98-525, 98 Stat. 2565,

2567; sec. 642 (c), (d), Pub. L. 101-189, 103 Stat. the enrollment period during which the

1457–1458) reservist earned the grades that caused him or her to meet the unsatisfactory

(Approved by the Office of Management and progress standards.

Budget under control number 2900-0552) (2) If the unsatisfactory progress of [53 FR 34740, Sept. 8, 1988, as amended at 61 the reservist is caused solely by any

by any

FR29307,

FR 29307, June 10, 1996] factors other than the grades which he

$21.7654 Pursuit and absences. or she receives, the educational institation shall report the unsatisfactory Except as provided in this section, a progress in time for VA to receive it reservist must submit a verification to within 30 days of the date on which the VA each month of his or her enroll

ogress of the reservist becomes un- ment during the period for which the satisfactory.

reservist is to be paid. This verification (3) The educational institution shall shall be in a form prescribed by the report the unsatisfactory conduct or Secretary. attendance of the reservist to VA in (a) Exceptions to the monthly time for VA to receive it within 30 days

verification requirement. A reservist does of the date on which the conduct or at

not have to submit a monthly tendance of the reservist becomes un

verification as described in the introsatisfactory.

ductory text of this section when the (e) Reentrance after discontinuance. In

reservist, order for a reservist to receive edu

(1) Is enrolled in a correspondence cational assistance following dis

course; or continuance for unsatisfactory

(2) Has received an advance payment progress, conduct, or attendance, the

for the training completed during a provisions of this paragraph must be

month.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. (1) The reservist's subsequent re- 3680(a), (g)) entrance into a program of education (b) Items to be reported on all monthly may be for the same program, for a re- verifications. (1) The monthly vised program, or for an entirely dif- verification for all reservists will inferent program, depending on the cause clude a report on the following items of the discontinuance and removal of when applicable: that cause.

(i) Continued enrollment in and ac(2) A reservist may reenter following tual pursuit of the course; discontinuance because of unsatisfac- (ii) The date of interruption or termitory attendance, conduct, or progress nation of training; When either of the following sets of (iii) Except as provided in 821.7656(a), conditions exists:

changes in the number of credit hours (1) The reservist resumes enrollment or in the number of clock hours of atat the same educational institution in tendance; the same program of education and the (iv) Nonpunitive grades; and educational institution has both ap- (V) Any other changes or modificaproved the reservist's reenrollment and tions in the course as certified at enCertified it to VA; or

rollment.

met.

(ii) Any change in his or her pursuit and

(iii) Any interruption or terminatior of his or her attendance.

(2) The verification of enrollment must:

(i) Contain the information required for release of payment;

(ii) If required or permitted by the Secretary to be submitted on paper, be signed by the reservist on or after the final date of the reporting period, or if permitted by the Secretary to be submitted by telephone or electronically in a manner designated by the Secretary, be submitted in the form and manner prescribed by the Secretary on or after the final date of the reporting period; and

(iii) If submitted on paper, clearly show the date on which it was signed.

(c) Additional requirements for apprenticeships and other on-job training programs. (1) When a reservist is pursuing an apprenticeship or other on-job training, he or she must monthly certify training by reporting the number of hours worked.

(2) The information provided by the reservist must be verified by the training establishment.

(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) (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3680(g)) (Approved by the Office of Management and Budget under control number 2900-0597) (61 FR 29308, June 10, 1996, as amended at 65 FR 61101, Oct. 16, 2001)

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3684

(b) Interruptions, terminations 0 changes in hours of credit or attendance When a reservist interrupts or termi nates his or her training for any rea son, including unsatisfactory conduc or progress, or when he or she change the number of hours of credit or at tendance, the educational institutio: must report this fact to VA.

(1) Except as provided in paragrap (b)(2) of this section, an educational ir stitution must report without delay t VA each time a reservist:

(i) Interrupts or terminates his or he training for any reason; or

(ii) Changes his or her credit hours ( clock hours of attendance.

(2) An educational institution dot not need to report a change in a reser ist's hours of credit or attendant when:

(i) The reservist is enrolled full tim in a program of education for a stanı ard term, quarter, or semester befo! the change; and

(ii) The reservist continues to be e rolled full time after the change.

(3) If the change in status or chanı in number of credit hours or cloc hours of attendance occurs on a da other than one indicated by paragra] (b)(4) or (b)(5) of this section, the ed cational institution will initiate a r port of the change in time for VA to r ceive it within 30 days of the date which the change occurs.

(4) If the educational institution h certified the reservist's enrollment f more than one term, quarter or seme ter and the reservist interrupts his her training at the end of a term, qua ter or semester within the certified e rollment period, the educational ins tution shall report the change in stat to VA in time for VA to receive the i port within 30 days of the last official scheduled registration date for t next term, quarter or semester.

(5) If the change in status or chan in the number of hours of credit or a tendance occurs during the 30 days of

$21.7656 Other required reports.

(a) Reports from reservists. (1) A reservist enrolled full time in a program of education for a standard term, quarter, or semester must report without delay to VA:

(i) A change in his or her credit hours or clock hours of attendance if that change would result in less than fulltime enrollment;

(ii) Any change in his or her pursuit that would result in less than full-time enrollment; and

(iii) Any interruption or termination of his or her attendance.

(2) A reservist not described in paragraph (a)(1) of this section must report without delay to VA:

(i) Any change in his or her credit hours or clock hours of attendance;

drop-add period, the educational insti- ments which result from a willful or tution must report the change in sta- negligent: tas or change in the number of hours of (i) Failure of the educational institucredit or attendance to VA in time for

tion to report, excessive absences from VA to receive the report within 30 days a course or discontinuance or interrupfrom the last date of the drop-add pe- tion of a course by a reservist; or riod or 60 days from the first day of the

(ii) False certification by the eduenrollment period, whichever occurs

cational institution. See $21.7644(c). first.

(2) If an educational institution or

training establishment willfully and (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3684.)

knowingly submits a false report or (c) Nonpunitive grades. An educational certification, VA may disapprove that institution may assign a nonpunitive

institution's or establishment's courses grade for a course or subject in which

for further enrollments and may disthe reservist is enrolled even though

continue educational assistance to rethe reservist does not withdraw from

servists already enrolled. In doing so, the course or subject. When this OC

VA will apply $$ 21.4210 through 21.4216. curs, the educational institution must report the assignment of the nonpuni

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3690) tive grade in time for VA to receive it before the earlier of the following dates

[53 FR 34740, Sept. 8, 1988, as amended at 61 is reached:

FR 20729, May 8, 1996; 63 FR 35837, July 1, (1) 30 days from the date on which

s from the date on which 1998] the educational institution assigns the

821.7659 Reporting fee. grade, or

(2) 60 days from the last day of the In determining the amount of the reenrollment period for which the non porting fee payable to educational inpunitive grade is assigned.

stitutions for furnishing required re

ports, VA will apply the provisions of Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3684; 821.4206. Pub. L. 98-525) 53 FR 34740, Sept. 8, 1988, as amended at 65

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3684) FR 61101, Oct. 16, 2001)

[62 FR 55762, Oct. 28, 1997] Approved by the Office of Management and

COURSE ASSESSMENT Budget under control number 2900-0612 and 2900-0597)

821.7670 Measurement of courses lead. $21.7658 False, late, or missing re

ing to a standard, undergraduate ports.

college degree. (a) Reservist. Payments may not be Except as provided in $21.7672, VA based on false or misleading state- will measure a reservist's courses as ments, claims or reports. VA will apply the provisions of 88 21.4006 and 21.4007 of (a) Fourteen semester hours are full this part to a reservist or any other time. Unless 12 or 13 semester hours are person who submits false or misleading full time as provided in paragraphs (b) claims, statements or reports in con- and (c) of this section, or unless paranection with benefits payable under 10 graphs (d) or (e) of this section apply to U.S.C. chapter 1606 in the same manner

measurement of the reservist's enrollas they are applied to people who make

ment VA will measure a reservist's ensimilar false or misleading claims for

rollment as follows: benefits payable under 38 U.S.C. chap

(1) 14 or more semester hours or the ter 34 or 36.

equivalent are full-time training,

(2) 10 through 13 semester hours or (Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3680, 3620, 6103; Pub. L. 98-525)

the equivalent are three-quarter-time

training; (b) Educational institution or training

(3) 7 through 9 semester hours or the establishment. (1) VA may hold an edu

equivalent are half-time training; and cational institution liable for overpay

stat

(4) 1 through 6 semester hours or the equivalent are less than half-time training.

able under 10 U.S.C. chapter 1606, VA shall apply the provisions of $21.4272.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3688(b)) (53 FR 34740, Sept. 8, 1988, as amended at 56 FR 9629, Mar. 7, 1991; 57 FR 57107, Dec. 3, 1992; 61 FR 29308, June 10, 1996; 62 FR 55762, Oct. 28, 1997]

(Authority: 10 U.S.C. 16131(b), 38 U.S.C. 3688(a); Pub. L. 98-525, Pub. L. 100-689)(Nov. 18, 1988)

(b) Thirteen semester hours are full time. (1) VA will consider that 13 semester hours or the equivalent are fulltime training when the educational institution certifies that all undergraduate students enrolled for 13 semester hours or the equivalent are

(i) Charged full-time tuition, or

(ii) Considered full-time for other administrative purposes.

(2) When 13 semester hours or the equivalent are full-time training

(i) 10 through 12 semester hours or the equivalent are three-quarter-time training;

(ii) 7 through 9 semester hours or the equivalent are half-time training; and

(iii) 1 through 6 semester hours or the equivalent are less than half-time training.

$21.7672 Measurement of courses not

leading to a standard college de

gree. (a) Overview. (1) Courses not leading to a standard college degree may be measured on either a clock-hour basis, or a credit-hour basis or a combination of both. Factors which the Department of Veterans Affairs must include in determining the proper basis for measurement include whether the courses are accredited; whether the course could be credited toward a standard college degree; and whether the course is offered on a standard quarter or semester-hour basis.

(2) In determining which is the correct basis for measuring a reservist's enrollment, VA will first examine whether credit-hour measurement is appropriate, as provided in paragraph (b) of this section.

(3) If it is not appropriate to measure a reservist's enrollment on a credithour basis, VA will measure the enrollment on a clock-hour basis as described in paragraph (c) of this section.

(Authority: 10 U.S.c. 16131(b), 38 U.S.C. 3688(a); Pub. L. 98-525, Pub. L. 100-689)(Nov. 18, 1988)

(c) Twelve semester hours are full time. (1) VA will consider that 12 semester hours or the equivalent are full-time training when the educational institution certifies that all undergraduate students enrolled for 12 semester hours or the equivalent are

(i) Charged full-time tuition, or

(ii) Considered full time for other administrative purposes.

(2) When 12 semester hours or the equivalent are full-time training

(i) 9 through 11 semester hours or the equivalent are three-quarter-time training;

(ii) 6 through 8 semester hours or the equivalent are half-time training; and

(iii) 1 through 5 semester hours or the equivalent are less than half-time training.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3688(b))

(b) Credit-hour measurement-standard method. (1) When all the conditions of paragraph (b)(1) of this section are met, the Department of Veterans Affairs will

(i) Measure the reservist's enrollment in the same manner as collegiate undergraduate courses are measured in $21.7670 (a), (b), and (c).

(ii) Apply the provisions of $21.4272(g) if one or more of the reservist's courses are offered during a nonstandard term.

(Authority: 10 U.S.C. 16131(b), 38 U.S.C. 3688(a); Pub. L. 98-525, Pub. L. 100-689)

(d) Other requirements. Notwithstanding any other provision of this section, in administering benefits pay

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3688)

(2) For new enrollments beginning on or after July 1, 1993, when a course is offered by an institution of higher learning in residence on a standard quarter- or semester-hour basis, VA

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