§21.9506. Definitions—for provisions effective after July 31, 2011.
38 C.F.R. § 21.9506
For the purposes of this subpart (governing the administration and payment of educational assistance under 38 U.S.C. chapter 33), effective after July 31, 2011, unless otherwise noted, the following definitions apply. (See also additional definitions in §§ 21.1029 and 21.4200.)
Academic year means the period of time beginning August 1st of each calendar year and ending July 31st of the subsequent calendar year.
Active duty means—
Full-time duty—
In the regular components of the Armed Forces; orc
Under a call or order to active duty under 10 U.S.C. 688, 12301(a), 12301(d), 12301(g), 12302, or 12304.
In the case of a member of the Army National Guard of the United States or the Air National Guard of the United States, in addition to service described in paragraph (i)(B) of this definition, full time service—
In the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or
In the National Guard under 32 U.S.C. 502(f) when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.
Active duty does not include—
Any period during which the individual— (1) Was assigned full-time by the Armed Forces to a civilian institution to pursue a program of education that was substantially the same as programs of education offered to civilians; or
(2) Served as a cadet or midshipman at one of the service academies; or
(3) Served under the provisions of 10 U.S.C. 12103(d) pursuant to an enlistment in the Army National Guard, Air National Guard, Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve.
A period of service— (1) Required by an officer pursuant to an agreement under 10 U.S.C. 2107(b); or
(2)(i) Required by an officer pursuant to an agreement under 10 U.S.C. 4348, 6959, or 9348; or
(ii) Effective for individuals entering into agreements after January 3, 2011, required by an officer pursuant to an agreement under 14 U.S.C. 1925.
(3) That was terminated because the individual is considered a minor by the Armed Forces, was erroneously enlisted, or received a defective enlistment agreement; or
(4) Counted for purposes of repayment of an education loan under 10 U.S.C. chapter 109.
Advance payment means an amount of educational assistance payable under § 21.9641(c) for the month or fraction of the month in which the individual's quarter, semester, or term will begin plus the amount for the following month.
Course means a unit of instruction required for an approved program of education that provides an individual with the knowledge and skills necessary to meet the requirements of the selected educational, professional, or vocational objective.
Distance learning means the pursuit of a program of education via distance education as defined in 20 U.S.C. 1003(7).
Educational assistance means all monetary benefits (including but not limited to tuition, fees, and monthly housing allowances) payable under 38 U.S.C. chapter 33 to, or on behalf of, individuals who meet the eligibility requirements for pursuit of an approved program of education under 38 U.S.C. chapter 33
Educational institution has the same meaning as the term institution of higher learning as defined in § 21.4200(h).
Enrollment period means a term, quarter, or semester during which the educational institution offers instruction.
Entry level and skill training means—
For members of the Army—
Basic Combat Training,
Advanced Individual Training, and
Effective January 4, 2011, One Station Unit Training.
For members of the Navy, Recruit Training (Boot Camp) and Skill Training (“A” School).
For members of the Air Force, Basic Military Training and Technical Training.
For members of the Marine Corps, Recruit Training and Marine Corps Training (School of Infantry Training).
For members of the Coast Guard—
Basic Training; and
For individuals entering service on or after January 4, 2011, Skill Training (or so-called “A” School).
Fees mean any mandatory charges (other than tuition, room, and board) that are applied by the educational institution for pursuit of an approved program of education. Fees include, but are not limited to, health premiums, freshman fees, graduation fees, and lab fees. Fees do not include those charged for a study abroad course(s) unless the course(s) is a mandatory requirement for completion of the approved program of education.
Fugitive felon means an individual identified as such by Federal, State, or local law enforcement officials and who is a fugitive by reason of—
Fleeing to avoid prosecution for an offense, or an attempt to commit an offense, which is a felony under the laws of the place from which the person flees;
Fleeing to avoid custody or confinement after conviction for an offense, or an attempt to commit an offense, which is a felony under the laws of the place from which the person flees; or
Violating a condition of probation or parole imposed for commission of a felony under Federal or State law.
Institution of higher learning (IHL) means a college, university, or similar institution, including a technical or business school, offering postsecondary level academic instruction that leads to an associate or higher degree if the school is empowered by the appropriate State education authority under State law to grant an associate or higher degree. When there is no State law to authorize the granting of such a degree, the school may be recognized as an institution of higher learning if it is accredited for degree programs by a recognized accrediting agency. Such term shall also include a hospital offering educational programs at the postsecondary level without regard to whether the hospital grants a postsecondary degree. Such term shall also includes an educational institution that offers courses leading to a standard college degree or its equivalent, and is not located in a State but is recognized as an educational institution by the Secretary of Education (or comparable official) of the country or other jurisdiction in which the institution is located.
Lump sum payment means an amount of educational assistance paid for the entire term, quarter, or semester.
Mitigating circumstances means circumstances beyond the individual's control that prevent him or her from continuously pursuing a program of education. The following circumstances are representative of those that VA considers to be mitigating. This list is not all-inclusive.
An illness or mental illness of the individual;
An illness or death in the individual's family;
An unavoidable change in the individual's conditions of employment;
An unavoidable geographical transfer resulting from the individual's employment;
Immediate family or financial obligations beyond the control of the individual that require him or her to suspend pursuit of the program of education to obtain employment;
Discontinuance of the course by the educational institution;
Unanticipated active duty for training; or
Unanticipated difficulties in caring for the individual's child or children. Net cost means the amount of in-State tuition and fees the individual enrolled in a program of education is responsible for paying after the application of any—
Waiver of, or reduction in, tuition and fees; and
Scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965) that is provided directly to the institution specificially designated for the sole purpose of reducing the individual's tuition and fee charges.
Non-public institution means a proprietary institution as defined in § 21.4200(z).
Program of education means a curriculum or combination of courses pursued at an educational institution that is accepted as necessary to meet the requirements for a predetermined and identified educational, professional, or vocational objective. Such term also means any curriculum or combination of courses pursued at an educational institution that is accepted as necessary to meet the requirements for more than one predetermined and identified educational, professional, or vocational objective if all the objectives pursued are generally recognized as being reasonably related to a single career field. The curriculum or combination of courses pursued must be listed in the educational institution's catalog and included in the approval notice provided by the State approving agency to VA in accordance with § 21.4258(b)(iv).
Pursuit means to work, during a certified enrollment period, towards the objective of a program of education. This work must be in accordance with approved institutional policy and applicable criteria of title 38 of the U.S. Code, and must be necessary to reach the program's objective.
Rate of pursuit means the measurement obtained by dividing the number of course hours (or the equivalent hours as determined in § 21.9750) that an individual is pursuing, including hours applied to refresher, remedial, and deficiency courses, by the number of hours considered to be full-time training at the educational institution. The resulting percentage (rounded to the nearest hundredth) will be the individual's rate of pursuit not to exceed 100 percent. For the purpose of this subpart, VA will consider any rate of pursuit higher than 50 percent to be more than one-half time training. Transferor means an individual who is entitled to educational assistance under the Post-9/11 GI Bill based on his or her own active duty service and who is approved by the military department to transfer all or a portion of his or her entitlement to one or more dependents.
The Academic year definition in this section issued under the authority of 38 U.S.C. 3034(a), 3323(a), 3680(a);
The Active Duty definition in this section issued under the authority of 38 U.S.C. 101(21)(A), 3301(1), 3311(d), 3322(b), (c); Public Law 111-377, 124 Stat. 4107-4108;
The Advance payment definition in this section issued under the authority of 38 U.S.C. 3034(a), 3323(a), 3680(d);
The Course definition in this section issued under the authority of 38 U.S.C. 3323(c);
The Distance learning definition in this section issued under the authority of 20 U.S.C. 1003(7); 38 U.S.C. 3323(c);
The Educational assistance definition in this section issued under the authority of 38 U.S.C. 3313;
The <I>Educational institution</I> definition in this section issued under the authority of 38. U.S.C. 3323(a);
The Enrollment period definition in this section issued under the authority of 38 U.S.C. 3034(a), 3323(a), 3680(g);
The Entry level and skill training definition in this section issued under the authority of 38 U.S.C. 3301(2);
The Fugitive felon definition in this section issued under the authority of 38 U.S.C. 3323(c), 5313B;
The Institution of higher learning (IHL) definition in this section issued under the authority of 38 U.S.C. 3034(a), 3313(b), 3323(a), 3452(f);
The Lump sum payment definition in this section issued under the authority of 38 U.S.C. 3323(c);
The Mitigating circumstances definition in this section issued under the authority of 38 U.S.C. 3034(a), 3323(a), 3680(a)(1);
The Non-public institution definition in this section issued under the authority of 38 U.S.C. 3323(c);
The Program of education definition in this section issued under the authority of 38 U.S.C. 3034(a), 3301, 3323(a), 3452(b);
The Pursuit definition in this section issued under the authority of 38 U.S.C. 3034(a), 3323(a), 3680(g);
The Transferor definition in this section issued under the authority of 38 U.S.C. 3319.
Notes, amendments, and revision history
Amendments
[90 FR 5334, Jan. 16, 2025]
Authority
Authority: 38 U.S.C. 501(a), 512, chs. 33, 36 and as noted in specific sections.
Source
Source: 74 FR 14671, Mar. 31, 2009, unless otherwise noted.
Amendments
[90 FR 5334, Jan. 16, 2025]