[Federal Register Volume 62, Number 126 (Tuesday, July 1, 1997)]
[Rules and Regulations]
[Pages 35423-35424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17217]


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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: Final rule.

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SUMMARY: This document amends 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 is amending 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.

EFFECTIVE DATE: July 1, 1997.

FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director 
for Policy and Program Administration, Education Service (225), 
Veterans Benefits Administration, 202-273-7187.

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on January 8, 1997 (62 FR 1075), VA proposed to amend the 
``Administration of Educational Assistance'' regulations which are set 
forth in 38 CFR 21.4001 et seq. It was proposed to amend the 
regulations so that accredited schools, other than elementary or 
secondary schools, as part of the approval process must submit catalogs 
to the State approving agencies. Comments were sought under the 
Paperwork Reduction Act concerning the collection of information in the 
proposed Sec. 21.4253(d)(1).
    Interested persons were given 60 days to submit comments. No 
comments were received. Accordingly, based on the rationale set forth 
in the proposed rule and in this document, we are adopting the 
provisions of the proposed rule as a final rule.
    The amendments made by this final rule relieve restrictions. 
Therefore, under the provisions of 5 U.S.C. 553(d), there is a basis 
for making this final rule effective immediately.

Paperwork Reduction Act

    Information collection and recordkeeping requirements in this final 
rule (concerning 38 CFR 21.4253(d)(1)) have been approved by the Office 
of Management and Budget (OMB) under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520) and have been assigned OMB 
control number 2900-0568. The provisions of Sec. 21.4253(d)(1) restate 
a statutory requirement which provides that before a State Approving 
Agency (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, the educational 
institution must submit to the SAA certified copies of its catalog or 
bulletin containing certain 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. The valid OMB control number 
assigned to the collection of information in this final rule is 
displayed at the end of the affected section of the regulations.

Regulatory Flexibility Act

    The Secretary of Veterans Affairs certifies that this final rule 
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. 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 will 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 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, 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: June 2, 1997.
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.


[[Page 35424]]


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


Sec. 21.4253  Accredited courses.

* * * * *
    (d) * * *
    (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))
* * * * *
(Paperwork requirements in Sec. 21.4253(d)(1) were approved by the 
Office of Management and Budget under control number 2900-0568.)
[FR Doc. 97-17217 Filed 6-30-97; 8:45 am]
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