(A) Certifies to the appropriate State approving agency that as a result of an agreement between that college or university and the college or university offering the second part of the program, all of the courses taken by the veteran or eligible person in the first part of the program, will be accepted by the college or university offering the second part of the program without any loss of credit in partial fulfillment of the requirements for an associate or higher degree. This certification may be made once for each program for which an agreement exists.

(B) Certifies to VA that the veteran or eligible person has stated to an appropriate official of the college or university offering the first part of the program that he or she is pursuing the program.

(3) The first portion of the subjects or courses in a baccalaureate program beyond those necessary for an associate degree may be given at a 2-year colege, while the remainder may be offered at a 4-year college or university. When the college or university does not require the student to matriculate while pursuing the additional study at the 2-year college, VA may approve an enrollment in a course offered in the program at the 2-year college only if the certifications described in either paragraph (1)(3)(i) or (ii) of this section are made.

(i) The college or university granting the baccalaureate degree certifies that: (A) Full credit is granted for the Course upon the student's transfer to the college or university granting the baccalaureate degree,

(B) The courses taken at the 2-year college will be acceptable in partial fulfillment for the baccalaureate degree, and

(C) The student will be required to matriculate during the first two terms, quarters or semesters following his or her admission to the college or university granting the baccalaureate degree. (ii) Either the 2-year college or the college or university granting the baccalaureate degree:

(A) Certifies to the appropriate State approving agency that as a result of agreement between the 2-year college and the college or university offering the baccalaureate degree all of the

courses pursued beyond the associate degree will be accepted without any loss of credit in partial fulfillment of the requirements for a baccalaureate degree. This certification may be made once for each program for which an agreement exists.

(B) Certifies to VA that the veteran or eligible person is enrolled in courses covered by the agreement.

(4) Except as provided in paragraphs (1)(1), (2), and (3) of this section, the Department of Veterans Affairs will not approve a veteran's or eligible person's enrollment in a course or subject if the veteran or eligible person:

(i) Is pursuing a degree, and (ii) Is not matriculated.

(5) Nothing in this paragraph shall prevent a State approving agency from including more restrictive matriculation requirements in its approval criteria.

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

(m) Courses offered under contract. VA may not approve the enrollment of a veteran, servicemember, reservist, or eligible person in a course as a part of a program of education offered by any educational institution if the educational institution or entity providing the course under contract has not obtained a separate approval for the course in the same manner as for any other course as required by §§ 21.4253, 21.4254, 21.4256, 21.4257, 21.4260, 21.4261, 21.4263, 21.4264, 21.4265, 21.4266, or 21.4267, as appropriate.

(Authority: 38 U.S.C. 3680A(f) and (g))

[31 FR 6774, May 6, 1966, as amended at 32 FR 13404, Sept. 23, 1967; 35 FR 9817, June 16, 1970; 40 FR 31763, July 29, 1975; 43 FR 35302. Aug. 9. 1978; 45 FR 31063, June 12, 1980; 48 FR 14379, Apr. 4, 1983; 48 FR 37991, Aug. 22, 1983; 49 FR 5116, Feb. 10, 1984; 49 FR 8439, Mar. 7, 1984; 51 FR 19331, May 29, 1986; 55 FR 28028, July 9, 1990; 61 FR 6783, Feb. 22, 1996; 61 FR 26114, May 24, 1996; 61 FR 29296, June 10, 1996; 65 FR 81742, Dec. 27, 2000]

$21.4253 Accredited courses.

(a) General. A course may be approved as an accredited course if it meets one of the following requirements:

(1) The course has been accredited and approved by a nationally recognized accrediting agency or association. "Candidate for accreditation" status is not a basis for approval of a course as accredited.

(2) Credit for such course is approved by the State department of education for credit toward a high school diploma.

(3) The course is conducted under the Act of February 23, 1917 (20 U.S.C. 11 et seq.).

(4) The course is accepted by the State department of education for credit for a teacher's certificate or teacher's degree.

(5) The course is approved by the State as meeting the requirement of regulations prescribed by the Secretary of Health and Human Services under sections 1819(f)(2)(A)(i) and 1919(f)(2)(A)(i) of the Social Security Act (42 U.S.C.13951-3(f)(2)(A)(i) and 1396r(f)(2)(A)(i)).

(Authority: 38 U.S.C. 3675(a))

(b) Course objective. Any curriculum offered by an educational institution which is a member of one of the nationally recognized accrediting agencies or associations and which leads to a degree, diploma, or certificate will be accepted as an accredited course when approved as such by the State approving agency. Any curriculum accredited by one of the specialized nationally recognized accrediting agencies or associations and which leads to a degree, diploma, or certificate will also be accepted as an accredited course when approved as such by the State approving agency. Approval of the individual subjects, required or elective, which are designated as a part of a degree curriculum will not be necessary. Such approval may include noncredit subjects that are prescribed as a required part of the curriculum. The course objective may be educational (high school diploma or a standard college degree) or it may be vocational or professional (an occupation).

(c) Accrediting agencies. A nationally recognized accrediting agency or association is one that appears on the list published by the Secretary of Education as required by 38 U.S.C. 3675(a). The State approving agencies may use

the accreditation of these accrediting agencies or associations for approval o the course specifically accredited and approved by the agency or association

(d) School qualification. A school de siring to enroll veterans or eligible per sons in accredited courses will make application for approval of such courses to the State approving agency The State approving agency may ap prove the application of the schoo when the school and its accredited courses are found to have met the fol lowing criteria and additional reason able criteria established by the State approving agency:

(1) The institution (other than an ele mentary or secondary school) has sub mitted to the State approving agency copies of its catalog or bulletin which are certified as true and correct in con tent and policy by an authorized rep resentative, and the publication shall:

(i) State with specificity the require ments of the institution with respect to graduation;

(ii) Include institution policy and regulations relative to standards o progress required of the student by the institution (this policy will define the grading system of the institution, the minimum grades considered satisfactory, conditions for interruption for unsatisfactory grades or progress, a description of the probationary period, if any, allowed by the institution, conditions of reentrance for those students dismissed for unsatisfactory progress. and a statement regarding progress records kept by the institution and furnished the student);

(iii) Include institution policy and regulations relating to student conduct and conditions for dismissal for unsatisfactory conduct; and

(iv) Include any attendance standards of the institution if the institution has and enforces such standards.

(Authority: 38 U.S.C. 3675(a), 3676(b))

(2) Adequate records are kept by the school to show the progress of each veteran or eligible person. The records must be sufficient to show continued pursuit at the rate for which enrolled and the progress being made. They

must include final grade in each subect for each term, quarter, or semeser; record of withdrawal from any subect to include the last date of attendnce for a resident course; and record freenrollment in subjects from which ere was a withdrawal; and may inLde such records as attendance for sident courses, periodic grades and camination results.

3) The school maintains a written cord of previous education and traing of the veteran or eligible person nch clearly indicates that approate credit has been given by the bool for previous education and aning, with the training period ortened proportionately, and the pern and the Department of Veterans Lairs so notified. The record must be mulative in that the results of each rollment period (term, quarter or seester) must be included so that it ows each subject undertaken and the cal result, i.e., passed, failed, incomete or withdrawn.

thority: 38 U.S.C. 3675(b))

4) The school enforces a policy relive to standards of conduct and ogress required of the student. The bool policy relative to standards of cgress must be specific enough to dermine the point in time when edutional benefits should be disconued. pursuant to 38 U.S.C. 3474 when e veteran or eligible person ceases to ake satisfactory progress. The policy ast include the grade or grade point erage that will be maintained if the udent is to graduate. For example, a vear college may require a 1.5 grade

nt average the first year, a 1.75 avage at mid-year the second year, and cumulative average of 2.0 thereafter the basis of 4.0 for an A.

5) If the school has a standard of atndance, it maintains records of atndance for veterans and eligible perns enrolled in resident courses which e adequate to show the student eets the school's standard of attendce.

athority: 38 U.S.C. 3474, 3675)

6) The accredited courses, the curculum of which they form a part, and Le instruction connected with those urses are consistent in quality, con

tent, and length with similar courses in public educational institutions and other private educational institutions in the State with recognized accepted standards.

(7) There is in the educational institution offering the course adequate space, equipment, instructional material, and instructor personnel to provide training of good quality.

(8) The educational and experience qualifications of directors, and administrators of the educational institution offering the courses, and instructors teaching the courses for which approval is sought, are adequate.

(Authority: 38 U.S.C. 3675(b), 3676(c)(1), (2), (3))

(e) College level. Under the provisions of paragraph (a)(1) of this section, any course at college level approved by the State approving agency as an accredited course will be accepted by the Department of Veterans Affairs as an accredited course when all of the following conditions are met:

(1) The college or university is accredited by a nationally recognized regional accrediting agency listed by the Secretary of Education or the course is accredited at the college level by a specialized accrediting agency or association recognized by the Secretary of Education; and

(Authority: 38 U.S.C. 3675)

(2) The course has entrance requirements of not less than the requirements applicable to the college level program of the school; and

(3) Credit for the course is awarded in terms of standard semester or quarter hours or by recognition at completion by the granting of a standard college degree.

(f) Courses not leading to a standard college degree. Any course in a school approved by the State approving agency will be accepted as an accredited course when all of the following conditions are met:

(1) The course or the school offering such course is accredited by the appropriate accrediting agency; and

(2) The course offers training in the field for which the accrediting agency is recognized and at a level for which it is recognized; and

(3) The course leads to a high school diploma or a vocational objective.

(Paperwork requirements in §21.4253(d)(1) were approved by the Office of Management and Budget under control number 2900-0568.) [31 FR 6774, May 6, 1966, as amended at 38 FR 14938, June 7, 1973; 40 FR 33825, Aug. 12, 1975; 43 FR 35302, Aug. 9, 1978; 48 FR 37992, Aug. 22, 1983; 50 FR 43135, Oct. 24, 1985; 60 FR 32272, June 21, 1995; 61 FR 6783. Feb. 22, 1996; 62 FR 35424, July 1, 1997; 65 FR 81742, Dec. 27, 2000]

$21.4254 Nonaccredited courses.

courses

(a) General. Nonaccredited are courses which are not approved as accredited courses and which are offered by a public or private, profit or nonprofit, educational institution. These include nonaccredited courses offered by extension centers or divisions, or vocational or adult education departments of institutions of higher learning.

(b) Application. Any school desiring to enroll veterans or eligible persons in nonaccredited courses will submit a written application to the appropriate State approving agency for approval of such courses (38 U.S.C. 3676(a)). Such application will be accompanied by not less than two copies of the current catalog or bulletin which is certified as true and correct in content and policy by an authorized owner or official of the school and will include the following:

(1) Identifying data, such as volume number, and date of publication;

(2) Names of the school and its governing body, officials, and faculty;

(3) A calendar of the school showing legal holidays, beginning and ending date of each quarter, term, or semester, and other important dates;

(4) School policy and regulations on enrollment with respect to enrollment dates and specific entrance requirements for each course;

(5) School policy and regulations relative to leave, absences, class cuts, makeup work, tardiness, and interruptions for unsatisfactory attendance;

(6) School policy and regulations relative to standards of progress required of the student. This policy will define the grading system of the school, the minimum grades considered satisfactory conditions for interruption for unsatisfactory grades or progress, and a

description of the probationary perio if any, allowed by the school, and co ditions of reentrance for those studen dismissed for unsatisfactory progres A statement will be made regardi progress records kept by the school a furnished the student;

(7) School policy and regulations lating to student conduct and cond tions for dismissal for unsatisfacto conduct;

(8) Detailed schedule of fees, charg for tuition, books, supplies, tools, st dent activities, laboratory fees, servi charges, rentals, deposits, and all oth charges;

(9) Policy and regulations relative the refund of the unused portion of tu tion, fees, and other charges in t event the student does not enter th course, or withdraws, or is disco tinued therefrom;

(10) A description of the availab space, facilities, and equipment;

(11) A course outline for each cours for which approval is requested, shov ing subjects or units in the cours type of work, or skill to be learned, an approximate time and clock hours be spent on each subject or unit; and

(12) Policy and regulations relativ to granting credit for previous edu cation and training.

(Authority: 38 U.S.C. 3676(b))

(c) Approval criteria. The appropriat State approving agency may approv the application of such school when th school and its nonaccredited course are found upon investigation to have met the following criteria:

(1) The courses, curriculum, and in struction are consistent in quality content, and length with similar recog nized accepted standards.

(2) There is in the school adequat space, equipment, instructional mate rial, and instructor personnel to pro vide training of good quality.

(3) Educational and experience quali fications of directors, administrators and instructors are adequate.

(4) The school maintains a written record of the previous education and training of the veteran or eligible person and clearly indicates that appropriate credit has been given for previous education and training, with the

raining period shortened proportionrely, and the veteran or eligible peron and the Department of Veterans ffairs so notified.

15 A copy of the course outline, hedule of tuition, fees, and other harges, regulations pertaining to abAnces, grading policy, and rules of opation and conduct will be furnished te veteran or eligible person upon enAlment.

16) Upon completion of training, the teran or eligible person is given a rtificate by the school indicating the proved course and indicating that aining was satisfactorily completed.

Adequate records as prescribed by e State approving agency are kept to and ow attendance progress or ades, and satisfactory standards reting to attendance, progress, and nduct are enforced.

(8) The school complies with all cal, city, county, municipal, State, ad Federal regulations, such as fire des, building, and sanitation codes. he State approving agency may redre such evidence of compliance as it emed necessary.

9) The school is financially sound d capable of fulfilling its commitents for training.

10 The school does not utilize adverding of any type which is erroneous misleading, either by actual stateent. omission, or intimation. The hool will not be deemed to have met is requirement until the State apoving agency:

(1) Has ascertained from the Federal rade Commission whether the Comssion has issued an order to the hool to cease and desist from any act practice, and

in Has, if such an order has been sued, given due weight to that fact.

11) The school does not exceed its rollment limitations as established the State approving agency. (12) The school administrators, direcrs, owners, and instructors are of od reputation and character.

(13) The school either: (i) Has and aintains a policy for the pro rata rend of the unused portion of tuition, es and charges if the veteran or eligie person fails to enter the course or ithdraws or is discontinued from it efore completion, or

(ii) Has obtained a waiver of this requirement. See §21.4255.

(Authority: 38 U.S.C. 3676)

(14) Such additional reasonable criteria as may be deemed necessary by the State approving agency.

(Authority: 38 U.S.C. 3676(c))

(d) Limitations on course approval. Notwithstanding any other provision of this section, a State approving agency shall not approve a nonaccredited course if it is to be pursued in whole or in part by independent study.

(Authority: 38 U.S.C. 3676(e))

[31 FR 6774, May 6, 1966, as amended at 33 FR 9546, June 29, 1968; 47 FR 42733, Sept. 29, 1982; 61 FR 6783, Feb. 22, 1996]

$21.4255 Refund policy; nonaccredited

courses.

(a) Acceptable refund policy. A refund policy meets the requirements of § 21.4254(c)(13), if it provides that the amount charged for tuition, fees, and other charges for a portion of the course does not exceed the approximate pro rata portion of the total charges for tuition, fees, and other charges that the length of the completed portion of the course bears to the total length. The school may make provision for refund within the following limitations: (1) Registration fee. An established registration fee in an amount not to exceed $10 need not be subject to proration. Where the established registration fee is more than $10, the amount in excess of $10 will be subject to proration.

(2) Breakage fee. Where the school has a breakage fee, it may provide for the retention of only the exact amount of the breakage, with the remaining part, if any, to be refunded.

(3) Consumable instructional supplies. Where the school makes a separate charge for consumable instructional supplies, as distinguished from laboratory fees, the exact amount of the charges for supplies consumed may be retained but any remaining part must be refunded.

(4) Books, supplies and equipment. (i) A veteran or eligible person may retain or dispose of books, supplies and equipment at his or her discretion when: