[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Page 28755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14203]



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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: Final rule.

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SUMMARY: This document adopts as a final rule amendments to the 
``Administration of educational benefits'' regulations which 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.). Graduate 
schools, often with unique programs, have the most expertise for 
assessing the training status for their own programs. Also, 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, the 
adoption of this change streamlines the process while yielding 
equitable results.

EFFECTIVE DATE: June 6, 1996.

FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director 
for Policy and Program Administration, Education Service, Veterans 
Benefits Administration (202) 273-7187.

SUPPLEMENTARY INFORMATION: On February 12, 1996, the Department of 
Veterans Affairs (VA) published in the Federal Register (61 FR 5357) a 
proposed rule to provide a method of measuring a graduate student's 
enrollment when he or she enrolls in one or more graduate courses and 
one or more undergraduate courses. The public was given 60 days to 
submit comments. VA received two comments, one from an official of a 
large State university and one from the president of an association of 
officials who certify students' enrollments to VA. Both urged that the 
proposal be adopted.
    Accordingly, based on the rationale set forth in the proposed rule 
document, we are adopting the provisions of the proposed rule as a 
final rule. This final rule also affirms the information in the 
proposed rule document concerning the Regulatory Flexibility Act.
    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, Loan programs-education, Loan programs-veterans, 
Manpower training programs, Reporting and recordkeeping requirements, 
Schools, Veterans, Vocational education, Vocational rehabilitation.

    Approved: May 22, 1996.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR part 21 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. ch. 1606; 38 U.S.C. 501(a), chs. 30, 32, 
34, 35, 36, unless otherwise noted.

    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); Pub. L. 102-568)

[FR Doc. 96-14203 Filed 6-5-96; 8:45 am]
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