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: Proposed rule.

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SUMMARY: This document proposes to amend 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 intends to amend 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. The purpose of this document is to request

Paperwork Reduction Act comments concerning requirements that

accredited schools, other than elementary and secondary schools, submit

a catalog or bulletin to SAAs.

DATES: Comments on this collection of information should be submitted

must be received on or before March 10, 1997.

ADDRESSES: Mail or hand deliver written comments to: Director, Office

of Regulations Management (02D), Department of Veterans Affairs, 810

Vermont Ave., NW, Room 1154, Washington, DC 20420. Comments should

indicate that they are submitted in response to ``RIN 2900-AH97''. All

written comments will be available for public inspection in the Office

of Regulations Management, Room 1158, between the hours of 8:00 a.m.

and 4:30 p.m., Monday through Friday (except holidays).

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

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

Veterans Benefits Administration, Department of Veterans Affairs, 810

Vermont Avenue, NW, Washington, DC 20420, 202-273-7187.

[[Page 1076]]

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act of 1995

The Office of Management and Budget (OMB) has determined that the

proposed 38 CFR 21.4253(d)(1) would constitute a collection of

information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-

3520). Accordingly, under section 3507(d) of the Act VA has submitted a

copy of this rulemaking action to OMB for its review of the collection

of 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.

Comments on the proposed collection of information should be

submitted to the Office of Management and Budget, Attention: Desk

Officer for the Department of Veterans Affairs, Office of Information

and Regulatory Affairs, Washington, DC 20503, with copies mailed or

hand-delivered to: Director, Office of Regulations Management (02D),

Department of Veterans Affairs, 810 Vermont Ave., NW, Room 1154,

Washington, DC 20420. Comments should indicate that they are submitted

in response to ``RIN 2900-AH97''.

Title: Submission of School Catalog to State Approving Agency

(SAA).

Summary of collection of information: The provisions of the

proposed 38 CFR 21.4253(d)(1) would restate a statutory requirement

(under 38 U.S.C. 3675(a)) which provides that before an 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 (VA training), the educational

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

bulletin containing the school's graduation requirements; institution

policy and regulations containing certain information relative to

standards of progress required of the student; institution policy and

regulations relating to student conduct and conditions for dismissal;

and any attendance standards, if enforced.

Description of need for information and proposed use of

information: VA contracts with agencies of the various State

governments (SAAs) to approve courses for VA training. The catalogs or

bulletins referred to in this rulemaking are required by 38 U.S.C.

3675(a) to be submitted to the SAAs, not to VA. Hence, VA is not the

primary user of the information, except in those rare instances where,

under 38 U.S.C. 3671, VA is acting as an SAA. The SAAs use the

information contained in the catalogs to help determine whether the

educational institution's courses may be approved for VA training.

Description of likely respondents: Accredited educational

institutions (other than elementary and secondary schools) applying to

SAAs for approval of the institutions' courses for VA training.

Estimated number of respondents: 5,990.

Estimated frequency of responses: Annually. Generally, the SAAs

collect this information when an educational institution applies for

approval of a new course of study. Essentially, educational

institutions develop new courses of study for which they seek approval

with enough frequency so that the SAAs collect each new catalog the

educational institutions may issue. This generally means a collection

annually or less frequently, depending on the nature of the educational

institution applying for course approval.

Estimated total annual reporting and recordkeeping burden: 1,497.5

hours. VA estimates that there would be no additional recordkeeping

burden imposed. Educational institutions would develop catalogs or

bulletins and would develop written policies and requirements

concerning the matters required to be included in the catalogs and

bulletins even if the statutory requirements restated in the proposed

rule did not exist.

Estimated annual burden per collection: \1/4\ hour.

The Department considers comments by the public on proposed

collections of information in--

Evaluating whether the proposed collections of information

are necessary for the proper performance of the functions of the

Department, including whether the information will have practical

utility;

Evaluating the accuracy of the Department's estimate of

the burden of the proposed collections of information, including the

validity of the methodology and assumptions used;

Enhancing the quality, usefulness, and clarity of the

information to be collected; and

Minimizing the burden of the collections of information on

those who are to respond, including through the use of appropriate

automated, electronic, mechanical, or other technological collection

techniques or other forms of information technology, e.g., permitting

electronic submission of responses.

OMB is required to make a decision concerning the collection of

information contained in this proposed rule between 30 and 60 days

after publication of this document in the Federal Register. Therefore,

a comment to OMB is best assured of having its full effect if OMB

receives it within 30 days of publication. This does not affect the

deadline for the public to comment on the proposed regulations.

Regulatory Flexibility Act

The Secretary of Veterans Affairs certifies that the adoption of

this proposed rule would 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 would 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 proposed 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: October 24, 1996.

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.

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

[[Page 1077]]

Sec. 21.4253 Accredited courses.

* * * * *

(d) School qualification. * * *

(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))

* * * * *

[FR Doc. 97-355 Filed 1-7-97; 8:45 am]

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