Veterans Education: Implementation of the Veterans' Benefits Improvement Act and the Post-Vietnam Era Veterans' Educational Assistance Program

DEPARTMENT OF DEFENSE

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AH33

Veterans Education: Implementation of the Veterans' Benefits

Improvement Act and the Post-Vietnam Era Veterans' Educational

Assistance Program

AGENCIES: Defense and Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends regulations of the Department of Veterans

Affairs (VA) concerning the Post-Vietnam Era Veterans' Educational

Assistance Program (VEAP). It restates statutory requirements and sets

forth VA statutory interpretations regarding provisions of the

Veterans' Benefits Improvement Act of 1994. More specifically, the

regulations are amended by making flight training a permanent part of

VEAP; by providing for approval of courses leading to alternative

teacher certification; by defining ``alternative teacher

certification''; by reflecting that VA is prohibited from functionally

supervising State approving agencies that approve courses for VA

training; and by providing that, in order to be approved for VA

training, a correspondence course must be accredited and at least 50%

of the students completing the course must take at least six months to

complete it.

DATES: Effective Date: This rule is effective January 22, 1996.

Applicability Dates: The restatements of statute and VA's statutory

interpretations contained in this final rule will be applied

retroactively from the effective dates of the statutory provisions. For

more information concerning the application of statutes and statutory

interpretations, see the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director

for Policy and Program Administration, Education Service, Veterans

Benefits Administration, (202) 273-7187.

SUPPLEMENTARY INFORMATION: Regulations concerning the Post-Vietnam Era

Veterans' Educational Assistance Program (VEAP) are contained in 38 CFR

Part 21. This document contains a number of changes to the regulations

based on the Veterans' Benefits Improvement Act of 1994 (Pub. L. 103-

446).

Before the enactment of Pub. L. 103-446, VEAP benefits for pursuit

of flight training were subject to a sunset provision under which no

benefits could be paid for training that occurred after September 30,

1994. Pub. L. 103-446 removed the sunset provision, thus making flight

training a permanent part of VEAP. The provisions of Sec. 21.5250(b)

are amended to reflect this statutory change.

Public Law 103-446 contains a provision that requires any entity

offering an alternative teacher certification program to be considered

to be an educational institution for VA purposes during the period

beginning on November 2, 1994, and ending on September 30, 1996. The

provisions of Secs. 21.5021(d) and 21.5200 are amended to reflect this

statutory change.

This document also defines ``alternative teacher certification

program'' as follows:

The term alternative teacher certification program for the

purposes of determining whether an entity offering such a program is

a school, educational institution or institution, as defined in

paragraph (d)(3) of this section, means a program leading to a

teacher certificate that allows individuals with a bachelor's degree

or graduate degree to obtain teacher certification without enrolling

in an institution of higher learning.

We believe this is consistent with the Congressional intent.

Beginning in 1989, VA was permitted by statute to functionally

supervise the State approving agencies that approve courses for VA

training. Pub. L. 103-446 contains a provision that now prohibits VA

from doing this. The provisions of Sec. 21.5150 are amended to reflect

this statutory change.

Public Law 103-446 requires that, in order to be approved for VA

training, a correspondence course must be accredited and at least 50%

of the students completing the course must take at least six months to

complete it. The provisions of Sec. 21.5250(a) are amended to reflect

this statutory change.

The restatements of statute and statutory interpretations contained

in this final rule will be applied retroactively from the effective

dates of the statutory provisions. The dates of application for

provisions covered by this document are as follows:

October 1, 1994: 38 CFR 21.5250(b).

November 2, 1994: Secs. 21.5021(d), 21.5021(y), 21.5150, introductory

text, and 21.5200(a).

January 31, 1995: Sec. 21.5250(a).

The Secretary of Veterans Affairs and the Secretary of Defense

hereby certify that this final rule will not have a significant

economic impact on a substantial number of small entities as they are

defined in the Regulatory Flexibility Act, 5 U.S.C. 601-612. This final

rule merely restates statutory changes and sets forth statutory

interpretations. Accordingly, no proposed rulemaking was required in

connection with the adoption of this final rule. Pursuant to 5 U.S.C.

605(b), this final rule is exempt from the initial and final regulatory

flexibility analyses requirements of sections 603 and 604.

Under 5 U.S.C. 553 there is a basis for dispensing with prior

notice and comment and for dispensing with a 30-day delay of the

effective date since this final rule merely restates statutory

provisions and sets forth statutory interpretations.

[[Page 1526]]

The Catalog of Federal Domestic Assistance number for the program

affected by this final rule is 64.120.

List of Subjects in 38 CFR Part 21

Civil rights, Claims, Education, Grant programs-education, Loan

programs-education, Reporting and recordkeeping requirements, Schools,

Veterans, Vocational education, Vocational rehabilitation.

Approved: December 4, 1995.

Jesse Brown,

Secretary of Veterans Affairs.

Samuel E. Ebbesen,

Lieutenant General, USA, Deputy Assistant Secretary, (Military

Personnel Policy) Department of Defense.

For the reasons set out in the preamble, 38 CFR part 21, subpart G

is amended as set forth below.

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart G--Post-Vietnam Era Veterans' Educational Assistance Under

38 U.S.C. Chapter 32

1. The authority citation for part 21, subpart G is revised to read

as follows:

Authority: 38 U.S.C. chapter 32, unless otherwise noted.

2. In Sec. 21.5021, paragraph (d) and its authority citation are

revised and paragraph (y) and its authority citation are added to read

as follows:

Sec. 21.5021 Definitions.

* * * * *

(d) School, educational institution, institution. The terms,

school, educational institution, and institution mean--

(1) Any vocational school, business school, correspondence school,

junior college, teacher's college, college, normal school, professional

school, university or scientific or technical institution;

(2) Any public or private elementary school or secondary school

which offers courses for adults; and

(3) An entity, during the period beginning on November 2, 1994, and

ending on September 30, 1996, other than an institution of higher

learning, that provides training required for completion of a State-

approved alternative teacher certification program.

(Authority: 38 U.S.C. 3202(2), 3452(c))

* * * * *

(y) Alternative teacher certification program. The term alternative

teacher certification program for the purposes of determining whether

an entity offering such a program is a school, educational institution

or institution, as defined in paragraph (d)(3) of this section, means a

program leading to a teacher certificate that allows individuals with a

bachelor's degree or graduate degree to obtain teacher certification

without enrolling in an institution of higher learning.

(Authority: 38 U.S.C. 3202(2), 3452(c))

3. In Sec. 21.5150, the introductory text is revised to read as

follows:

Sec. 21.5150 State approving agencies.

In administering chapter 32, title 38, United States Code, VA will

apply the provisions of the following sections:

* * * * *

4. In Sec. 21.5200, paragraph (a) is revised to read as follows:

Sec. 21.5200 Schools.

* * * * *

(a) Section 21.4200--Definitions (with the exception of paragraph

(a)).

* * * * *

5. In Sec. 21.5250, paragraph (a), introductory text, and paragraph

(b) are revised, to read as follows:

Sec. 21.5250 Courses.

(a) General. In administering benefits payable under chapter 32,

title 38, U.S.C. VA and, where appropriate, the State approving

agencies shall apply the following sections:

* * * * *

(b) Flight courses. In administering benefits payable for flight

training under chapter 32, title 38, U.S.C., VA and the State approving

agencies will apply the provisions of Sec. 21.4263 of this part.

Educational assistance allowance is payable only for flight training

undertaken by a veteran or serviceperson after March 31, 1991.

* * * * *

[FR Doc. 96-664 Filed 1-19-96; 8:45 am]

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