[Federal Register Volume 72, Number 30 (Wednesday, February 14, 2007)]
[Rules and Regulations]
[Pages 6958-6959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2466]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AM37


Home Schooling and Educational Institution

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) is amending its 
adjudication regulation regarding the definition of a child for 
purposes of establishing entitlement to additional monetary benefits 
for a child who is home-schooled. VA defines educational institutions 
to include home-school programs that meet the legal requirements of the 
States (by complying with the compulsory attendance laws of the States) 
in which they are located. The proposed rule published in the Federal 
Register on July 13, 2006, is adopted as final, without change.

DATES: Effective Date: March 16, 2007.

FOR FURTHER INFORMATION CONTACT: Maya Ferrandino, Regulations Staff, 
Compensation and Pension Service, Veterans Benefits Administration, 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 
20420, (202) 273-7210.

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on July 13, 2006, (71 FR 39616), VA proposed to amend its 
regulations regarding the definition of a child for purposes of 
establishing entitlement to additional monetary benefits for a child 
who is home-schooled. VA defined educational institutions and included 
home-school programs that meet the legal requirements of the States (by 
complying with the compulsory attendance laws of the States) in which 
they are located.
    The 60-day public comment period ended on September 11, 2006. One 
comment was received from the Home School Legal Defense Association and 
it supported the rule change.
    Based on the rationale set forth in the proposed rule and the 
rationale contained in this document, we are adopting the provisions of 
the proposed rule as a final rule without change.

 Paperwork Reduction Act

    The collection of information under the Paperwork Reduction Act (44 
U.S.C. 3501-3521) referenced in this final rule has an existing Office 
of Management and Budget (OMB) approval as a form. The form is VA Form 
21-674, Request for Approval of School Attendance, OMB approval number 
2900-0049. No changes are made in this final rule to the collection of 
information.

Regulatory Flexibility Act

    The Secretary hereby 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. This final rule would not affect any small entities. Therefore, 
pursuant to 5 U.S.C. 605(b), this final rule is exempt from the initial 
and final regulatory flexibility analysis requirements of sections 603 
and 604.

Executive Order 12866

    Executive Order 12866 directs agencies to assess all costs and 
benefits of available regulatory alternatives and, when regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity). The Executive 
Order classifies a ``significant regulatory action,'' requiring review 
by OMB unless OMB waives such review, as any regulatory action that is 
likely to result in a rule that may: (1) Have an annual effect on the 
economy of $100 million or more or adversely affect in a material way 
the economy, a sector of the economy, productivity, competition, jobs, 
the environment, public health or safety, or State, local, or tribal 
governments or communities; (2) Create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
(3) Materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    The economic, interagency, budgetary, legal, and policy 
implications of this final rule have been examined, and it has been 
determined to be a significant regulatory action under the Executive 
Order because it is likely to result in a rule that may raise novel 
legal or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in the Executive Order.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. This final rule would have no such effect 
on State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance Numbers and Titles

    The Catalog of Federal Domestic Assistance program numbers and 
titles for this final rule are 64.104 Pension for Non-Service-Connected 
Disability for Veterans, 64.105 Pension to Veterans Surviving Spouses, 
and Children, 64.109 Veterans Compensation for

[[Page 6959]]

Service-Connected Disability, and 64.110 Veterans Dependency and 
Indemnity Compensation for Service-Connected Death.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Disability benefits, 
Health care, Pensions, Radioactive materials, Veterans, Vietnam.

    Approved: January 4, 2007.
R. James Nicholson,
Secretary of Veterans Affairs.

0
For the reasons set out in the preamble, VA amends 38 CFR part 3 as 
follows:

PART 3--ADJUDICATION

0
1. The authority citation for part 3, subpart A continues to read as 
follows:

    Authority: 38 U.S.C. 501(a), unless otherwise noted.


0
2. Revise Sec.  3.57(a)(1)(iii) to read as follows:


Sec.  3.57  Child.

    (a) * * *
    (1) * * *
    (iii) Who, after reaching the age of 18 years and until completion 
of education or training (but not after reaching the age of 23 years) 
is pursuing a course of instruction at an educational institution 
approved by the Department of Veterans Affairs. For the purposes of 
this section and Sec.  3.667, the term ``educational institution'' 
means a permanent organization that offers courses of instruction to a 
group of students who meet its enrollment criteria, including schools, 
colleges, academies, seminaries, technical institutes, and 
universities. The term also includes home schools that operate in 
compliance with the compulsory attendance laws of the States in which 
they are located, whether treated as private schools or home schools 
under State law. The term ``home schools'' is limited to courses of 
instruction for grades kindergarten through 12.

(Authority: 38 U.S.C. 101(4)(A), 104(a))

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[FR Doc. E7-2466 Filed 2-13-07; 8:45 am]
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