US Codex
C.F.R.
Browse by date

View an earlier version

Latest
Current
Browse all versions by date
Notes

38 C.F.R. §§ 21.122–21.132

8 sections in range

§21.122. School course.

38 C.F.R. § 21.122

(a)
Explanation of terms—schools, educational institution, and institution. These terms mean any public or private school, secondary school, vocational school, correspondence school, business school, junior college, teacher's college, college, normal school, professional school, university, scientific or technical institution, or other institution furnishing education for adults.
(b)
Course. A course generally consists of a number of areas of subject matter which are organized into learning units for the purpose of attaining a specific educational or vocational objective. Organized instruction in the units comprising the course is offered within a given period of time and credit toward graduation or certification is generally given.
(c)
School course. A school course is a course as defined in paragraph (b) of this section offered by a facility identified in paragraph (a) of this section.
Notes, amendments, and revision history

Authority

Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in specific sections.

Source

Source: 49 FR 40814, Oct. 18, 1984, unless otherwise noted.

§21.123. On-job course.

38 C.F.R. § 21.123

(a)
Training establishment. This term means any establishment providing apprentice or other training on the job, including those under the supervision of a college or university or any State department of education, or any state apprenticeship agency, or any State board of vocational education, or any joint apprenticeship committee, or the Bureau of Apprenticeship and Training established in accordance with 29 U.S.C. Chapter 4C, or any agency of the Federal government authorized to supervise such training.
(b)
On-job course,— An on-job course is pursued toward a specified vocational objective, provided by a training establishment. The trainee learns, in the course of work performed under supervision, primarily by receiving formal instruction, observing practical demonstration of work tasks, and assisting in those tasks. Productive work should gradually increase with greater independence from formal instruction as the course progresses.
Notes, amendments, and revision history

Amendments

[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985]

Authority

Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in specific sections.

Source

Source: 49 FR 40814, Oct. 18, 1984, unless otherwise noted.

Amendments

[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985]

§21.124. Combination course.

38 C.F.R. § 21.124

(a)
General. A combination course is a course which combines training on the job with training in school. For the purpose of VA vocational rehabilitation, a course will be considered to be a combination course, if the student spends full-time on the job and one or more times a week also attends school on a part-time basis. A veteran may pursue the components of a combination course in the following manner:
(1)
Concurrent school and on-job training;
(2)
Primarily on-job with some related instruction in school;
(3)
In a school as a preparatory course to entering on-job training; or
(4)
First training on-job followed by the school portion.
(b)
Cooperative course. A cooperative course is a special type of combination course which usually:
(1)
Has an objective which the student attains primarily through school instruction with the on-job portion being supplemental to the school course;
(2)
Is at the college or junior college level although some cooperative courses are offered at post-secondary schools which do not offer a college degree or at secondary schools;
(3)
Requires the student to devote at least one-half of the total training period to the school portion of the course; and
(4)
Includes relatively long periods each of training on the job and in school such as a full term in school followed by a full term on the job.
Notes, amendments, and revision history

Amendments

[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985]

Authority

Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in specific sections.

Source

Source: 49 FR 40814, Oct. 18, 1984, unless otherwise noted.

Amendments

[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985]

§21.126. Farm cooperative course.

38 C.F.R. § 21.126

(a)
Definition. An approvable farm cooperative course is a full-time course designated to restore employability by training a veteran to:
(1)
Operate a farm which he or she owns or leases; or
(2)
Manage a farm as the employee of another.
(b)
Reaching the goal of a farm cooperative course. The farm cooperative course must enable a veteran to become proficient in the type of farming for which he or she is being provided rehabilitation services. The areas in which proficiency is to be established include:
(1)
Planning;
(2)
Producing;
(3)
Marketing;
(4)
Maintaining farm equipment;
(5)
Conserving farm resources;
(6)
Financing the farm;
(7)
Managing the farm; and
(8)
Keeping farm and home accounts.
(c)
Instruction, including organized group instruction. Instruction in a farm cooperative course may be by a mixture of organized group (classroom) instruction and individual instruction or by individual instruction alone. A course which includes organized group instruction must meet the following criteria to be considered as full-time:
(1)
The number of clock hours of instruction which should be provided yearly shall meet the requirements of § 21.310(a)(4) and § 21.4264 pertaining to full-time pursuit of a farm cooperative course:
(2)
The individual instructor portion of a farm cooperative course shall include at least 100 hours of individual instruction per year.
(d)
Instruction given solely by an individual instructor.
(1)
Instruction in a farm cooperative course may be given solely by an individual instructor if organized group instruction is:
(i)
Not available within reasonable commuting distance of the veteran's farm; or
(ii)
The major portion of the organized group instruction that is available does not have a direct relation to the veteran's farming operation and pertinent VA records are fully and clearly documented accordingly.
(2)
To be considered full-time pursuit the individual instruction provided in these course must—
(i)
Consist of at least 200 hours of instruction per year;
(ii)
Be given by a fully qualified individual instructor by contract between VA and the instructor or an educational agency which employs the instructor.
(e)
Plan requirements for farm operator or farm manager.
(1)
The plan for training developed by the case manager and the veteran in collaboration with the instructor must include:
(i)
A complete written survey including but not limited to the areas identified in § 21.298 (a) and (b);
(ii)
An overall, long-term plan based upon the survey of the operation of the farm;
(iii)
An annual plan identifying the part of the overall plan to be implemented which will be prepared before the beginning of each crop year; and
(iv)
A detailed individual training program showing the kind and amount of instruction, classroom and individual, or individual; and
(2)
The farm must meet the requirements for selecting a farm found in § 21.298.
Notes, amendments, and revision history

Amendments

[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985]

Authority

Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in specific sections.

Source

Source: 49 FR 40814, Oct. 18, 1984, unless otherwise noted.

Amendments

[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985]

§21.128. Independent study course.

38 C.F.R. § 21.128

A veteran may pursue a course by independent study under the following conditions:
(a)
College level. The course is offered by a college or university.
(b)
College degree. The course leads to or is fully creditable towards a standard college degree.
(c)
Course content. The course consists of a prescribed program of study with provision for interaction between the student and regularly employed faculty of the university or college by mail, telephone, personally, or class attendance.
(d)
School responsibility. The university or college:
(1)
Evaluates the course in semester or quarter hours or the equivalent; and
(2)
Prescribes a period for completion.
Notes, amendments, and revision history

Authority

Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in specific sections.

Source

Source: 49 FR 40814, Oct. 18, 1984, unless otherwise noted.

§21.129. Home study course.

38 C.F.R. § 21.129

(a)
Definition. A home study course is a course conducted by mail, consisting of a series of written lesson assignments furnished by a school to the student for study and preparation of written answers, solutions to problems, and work projects which are corrected and graded by the school and returned to the trainee.
(b)
Limitations on inclusion of home study courses, in rehabilitation plans. A veteran and his or her case manager may include a home study course in a rehabilitation plan only when it supplements the major part of the program. The purpose of the home study course is to provide the veteran with theory or technical information directly related to the practice of the occupation for which the veteran is training.
Notes, amendments, and revision history

Authority

Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in specific sections.

Source

Source: 49 FR 40814, Oct. 18, 1984, unless otherwise noted.

§21.130. Educational and vocational courses outside the United States.

38 C.F.R. § 21.130

(a)
General. VA may provide educational and vocational courses outside a State if the case manager determines that such training is in the best interest of the veteran and the Federal Government.
(b)
Specific conditions.
(1)
The training must be necessary to enable the veteran to qualify for, obtain, and retain suitable employment in the occupational objective; and
(2)
Either—
(i)
The training is not available in the United States; or
(ii)
The training is available in the United States, but personal hardship would result from requiring that the veteran pursue training in this country; and
(3)
All necessary supportive and follow-up services, including medical care and treatment and employment services, reasonably can be provided by or through VA, considering such factors as the availability, accessibility and cost of such services.
Notes, amendments, and revision history

Amendments

[49 FR 40814, Oct. 18, 1984, as amended at 55 FR 27822, July 6, 1990]

Authority

Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in specific sections.

Source

Source: 49 FR 40814, Oct. 18, 1984, unless otherwise noted.

Amendments

[49 FR 40814, Oct. 18, 1984, as amended at 55 FR 27822, July 6, 1990]

§21.132. Repetition of the course.

38 C.F.R. § 21.132

(a)
Repeating all or part of the course. A veteran, having completed a course under Chapter 31 according to the standards and practices of the institution, ordinarily will not pursue it again at the expense of VA. However, VA may approve repetition of all, or any part of the course when VA determines that the repetition is necessary to accomplish the veteran's vocational rehabilitation. A veteran repeating a course under Chapter 31 is subject to the same requirements for satisfactory pursuit and completion of the course as are other veterans taking the course unless a longer period is needed because of the veteran's reduced work tolerance.
(b)
Review course. A veteran who has completed a course of training under Chapter 31 may pursue a review course, such as a bar review course, if it is specifically organized and conducted as a review course.
(c)
Auditing a subject. Auditing, as defined in § 21.4200(i), may not be authorized as a part of any rehabilitation plan. However, if an individual repeats a course under the conditions described in paragraph (a) of this section, the course shall not be considered an audited course, if pursued in the same manner as a subject offered for credit. The individual must meet the same requirements as other students, and not be a mere listener.
Notes, amendments, and revision history

Authority

Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in specific sections.

Source

Source: 49 FR 40814, Oct. 18, 1984, unless otherwise noted.