Veterans Education: Submission of School Catalogs to State Approving Agencies

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AH97

Veterans Education: Submission of School Catalogs to State

Approving Agencies

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the educational assistance and

educational benefits regulations of the Department of Veterans Affairs

(VA). The current regulations provide that schools must submit a

catalog or bulletin to the State Approving Agency (SAA) when seeking

approval for courses for training under VA-administered education

programs. Public Law 102-568 removed this requirement for elementary

and secondary schools. Accordingly, VA is amending the regulations to

state that accredited schools, other than elementary and secondary

schools, as part of the approval process must submit catalogs to the

State agencies that approve courses for training under VA-administered

education programs.

EFFECTIVE DATE: July 1, 1997.

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

for Policy and Program Administration, Education Service (225),

Veterans Benefits Administration, 202-273-7187.

SUPPLEMENTARY INFORMATION: In a document published in the Federal

Register on January 8, 1997 (62 FR 1075), VA proposed to amend the

``Administration of Educational Assistance'' regulations which are set

forth in 38 CFR 21.4001 et seq. It was proposed to amend the

regulations so that accredited schools, other than elementary or

secondary schools, as part of the approval process must submit catalogs

to the State approving agencies. Comments were sought under the

Paperwork Reduction Act concerning the collection of information in the

proposed Sec. 21.4253(d)(1).

Interested persons were given 60 days to submit comments. No

comments were received. Accordingly, based on the rationale set forth

in the proposed rule and in this document, we are adopting the

provisions of the proposed rule as a final rule.

The amendments made by this final rule relieve restrictions.

Therefore, under the provisions of 5 U.S.C. 553(d), there is a basis

for making this final rule effective immediately.

Paperwork Reduction Act

Information collection and recordkeeping requirements in this final

rule (concerning 38 CFR 21.4253(d)(1)) have been approved by the Office

of Management and Budget (OMB) under the provisions of the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501-3520) and have been assigned OMB

control number 2900-0568. The provisions of Sec. 21.4253(d)(1) restate

a statutory requirement which provides that before a State Approving

Agency (SAA) may approve a course of an accredited educational

institution (other than an elementary or secondary school) for training

under VA-administered educational assistance programs, the educational

institution must submit to the SAA certified copies of its catalog or

bulletin containing certain information.

OMB assigns a control number for each collection of information it

approves. VA may not conduct or sponsor, and a person is not required

to respond to, a collection of information unless it displays a

currently valid OMB control number. The valid OMB control number

assigned to the collection of information in this final rule is

displayed at the end of the affected section of the regulations.

Regulatory Flexibility Act

The Secretary of Veterans Affairs certifies 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. Although it is possible that a small entity could be

subject to this rulemaking, all schools prepare a catalog or bulletin

that would meet the requirements of this rulemaking. Consequently,

there will be no significant economic impact on small entities from

this rulemaking.

Catalog of Federal Domestic Assistance

The Catalog of Federal Domestic Assistance numbers for the programs

affected by this final rule are 64.117, 64.120, and 64.124.

List of Subjects in 38 CFR Part 21

Administrative practice and procedure, Armed forces, Civil rights,

Claims, Colleges and universities, Conflict of interests, Defense

Department, Education, Employment, Grant programs-education, Grant

programs-veterans, Health care, Loan programs-education, Loan programs-

veterans, Manpower training programs, Reporting and recordkeeping

requirements, Schools, Travel and transportation expenses, Veterans,

Vocational education, Vocational rehabilitation.

Approved: June 2, 1997.

Jesse Brown,

Secretary of Veterans Affairs.

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

is amended as set forth below.

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart D--Administration of Educational Assistance Programs

1. The authority citation for part 21, subpart D, continues to read

as follows:

Authority: 10 U.S.C. 1606; 38 U.S.C. 501(a), chs. 30, 32, 34,

35, 36, unless otherwise noted.

[[Page 35424]]

2. In Sec. 21.4253, paragraph (d)(1) is revised to read as follows:

Sec. 21.4253 Accredited courses.

* * * * *

(d) * * *

(1) The institution (other than an elementary or secondary school)

has submitted to the State approving agency copies of its catalog or

bulletin which are certified as true and correct in content and policy

by an authorized representative, and the publication shall:

(i) State with specificity the requirements of the institution with

respect to graduation;

(ii) Include institution policy and regulations relative to

standards of 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))

* * * * *

(Paperwork requirements in Sec. 21.4253(d)(1) were approved by the

Office of Management and Budget under control number 2900-0568.)

[FR Doc. 97-17217 Filed 6-30-97; 8:45 am]

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