[Federal Register Volume 62, Number 5 (Wednesday, January 8, 1997)]
[Proposed Rules]
[Pages 1075-1077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-355]


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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]
BILLING CODE 8320-01-P