[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]



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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.

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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]
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