[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)] [Proposed Rules] [Pages 5357-5358] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-2950] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 21 RIN 2900-AH39 Veterans Education: Course Measurement for Graduate Courses AGENCY: Department of Veterans Affairs. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This document proposes to amend the ``ADMINISTRATION OF EDUCATIONAL BENEFITS'' regulations to provide that all undergraduate courses taken by graduate students are to be measured by the graduate school (full time, half time, quarter time, etc.) or by the formula used for measuring undergraduate courses for undergraduate students, whichever results in a higher monthly rate for the veteran. Students receive benefits based on the assessment of their training time (full time, half time, quarter time, etc.). It appears that graduate schools, often with unique programs, have the most expertise for assessing the training status for their own programs. Also, it appears that they realistically report the training status of graduate students. Even so, we do not believe that graduate students should be paid a lower monthly rate than undergraduate students for the same training. Hence, it appears that the adoption of this change would streamline the process while yielding equitable results. DATES: Comments must be received on or before April 12, 1996. ADDRESSES: Send written comments to: Director, Office of Regulations Management (02D), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or hand deliver written comments to: Office of Regulations Management, Room 1176, 801 Eye Street, NW., Washington DC 20001. Comments should indicate that they are submitted in response to ``RIN 2900-AH39.'' All written comments received will be available for public inspection only in the Office of Regulations Management between the hours of 8 a.m. to 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, Veterans Benefits Administration, (202) 273-7187. SUPPLEMENTARY INFORMATION: Under the ``ADMINISTRATION OF EDUCATIONAL BENEFITS'' regulations (set forth at 38 CFR subpart D and referred to below as the regulations) students receive benefits based on the assessment of their training time (full time, half time, quarter time, etc.). This document proposes to amend the regulations by changing the method of measuring training time for undergraduate courses that are taken by graduate students. VA regulations specify, with certain exceptions, that undergraduate students pursuing undergraduate courses of 14 hours for standard terms are to be designated as full-time students. VA regulations contain corresponding provisions for less than full time (half time, quarter time, etc.). These measurement provisions for undergraduate students are mandated by statutory requirements (38 U.S.C. 3688). The current regulations measure the enrollment of graduate students in undergraduate courses in the same manner as for undergraduate students. However, the current regulations measure the enrollment of graduate students in graduate courses according to the school's assessment of part-time or full-time training status rather than using a formula. Accordingly, if a graduate student enrolled for a combination of seven undergraduate credit hours (which is half time under the statutory 14 credit-hour full-time system), and a number of graduate hours assessed as half time by his or her school, then the graduate student would be considered a full-time student for VA education purposes. The provisions of 38 U.S.C. 3688 state that VA has discretion in determining how to measure graduate courses. Consistent with this authority, this document proposes to amend the regulations to provide for all undergraduate courses of graduate students to be measured by the graduate schools' assessment (full time, half, quarter time, etc.) or by the formula used for measuring undergraduate courses for undergraduate students, whichever results in a higher monthly rate for the veteran. Based on Department expertise, it appears that graduate schools, often with unique programs, have the most expertise for assessing the training status for their own programs. Also, it appears that they realistically report the [[Page 5358]] training status of graduate students. Even so, we do not believe that graduate students should be paid a lower monthly rate than undergraduate students for the same training. Hence, it appears that the adoption of the proposal would streamline the process while yielding equitable results. Also, the proposal contains a nonsubstantive change to 38 C.F.R. 21.4273(a)(2) for purposes of clarity. The Secretary of Veterans Affairs certifies that this regulatory amendment 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 amendment will affect only individuals and will not directly affect any small entities. Therefore, pursuant to 5 U.S.C. 605(b), this amendment is exempt from the initial and final regulatory flexibility requirements of sections 603 and 604. The Catalog of Federal Domestic Assistance numbers for the programs affected by this proposal 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: February 1, 1996. Jesse Brown, Secretary of Veterans Affairs. For the reasons set out in the preamble, 38 CFR part 21, subpart D is proposed to be amended as set forth below. PART 21--VOCATIONAL REHABILITATION AND EDUCATION Subpart D--Administration of Educational Benefits; 38 U.S.C. Chapters 34, 35 and 36 1. The authority citation for part 21, subpart D continues to read as follows: Authority: 38 U.S.C. 501(a). 2. In Sec. 21.4273, paragraph (a)(2) is amended by removing ``assessed'' and adding, in its place, ``measured''; and paragraph (c) is revised and its authority citation is added to read as follows: Sec. 21.4273 Collegiate graduate. * * * * * (c) Undergraduate or combination. If a graduate student is enrolled in both graduate and undergraduate courses concurrently, or solely in undergraduate courses, VA will measure such an enrollment using the provisions of Sec. 21.4272 or the graduate school's assessment of training time, whichever will result in a higher monthly rate for the veteran. (Authority: 38 U.S.C. 3668(b)) [FR Doc. 96-2950 Filed 2-9-96; 8:45 am] BILLING CODE 8320-01-P