38 CFR 21.4270 - Measurement of courses.

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§ 21.4270 Measurement of courses.
(a) Measurement of trade, technical, and high school courses. Trade, technical, high school, and high school preparatory courses shall be measured as stated in this paragraph.
(1) Trade and technical courses.
(i) Except as provided in paragraph (b) of this section, if shop practice is an integral part of a trade or technical course not leading to a standard college degree—
(A) A full-time enrollment is 22 clock hours per week (exclusive of supervised study) with not more than 21/2 hours rest period allowance;
(B) A three-quarter-time enrollment is 16 through 21 clock hours per week (exclusive of supervised study) with not more than 2 hours rest period allowance;
(C) A one-half-time enrollment is 11 through 15 clock hours per week (exclusive of supervised study) with not more than 11/4 hours rest period allowance;
(D) A less than one-half-time but more than one-quarter-time enrollment is 6 through 10 clock hours per week (exclusive of supervised study) with not more than 3/4 hour rest period allowance; and
(E) A quarter-time enrollment is 1 through 5 clock hours per week (exclusive of supervised study).
(ii) Except as provided in paragraph (b) of this section, if theory and class instruction constitute more than 50 percent of the required hours in a trade or technical course not leading to a standard college degree, enrollments will be measured as follows. In measuring net instruction there will be included customary intervals not to exceed 10 minutes between classes. Shop practice and rest periods are excluded. Supervised instruction periods in a school's shops and the time involved in field trips and group instruction may be included in computing the clock hour requirements.
(A) A full-time enrollment is 18 clock hours net instruction per week (exclusive of supervised study);
(B) A three-quarter-time enrollment is 13 through 17 clock hours net instruction per week (exclusive of supervised study);
(C) A one-half-time enrollment is 9 through 12 clock hours net instruction per week (exclusive of supervised study);
(D) A less than one-half-time but more than one-quarter-time enrollment is 5 through 8 clock hours net instruction per week (exclusive of supervised study); and
(E) A quarter-time enrollment is 1 through 4 clock hours net instruction per week (exclusive of supervised study).
(2) High school courses. If a student is pursuing high school courses at a rate which would result in an accredited high school diploma in four ordinary school years, VA considers him or her to be enrolled full time. Otherwise, for high school enrollments, training time will be determined as follows. (For the purpose of this paragraph, a unit is not less than one hundred and twenty 60-minute hours or the equivalent of study in any subject in one academic year.)
(i) A full-time enrollment is 18 clock hours net instruction per week or four units per year or the equivalent;
(ii) A three-quarter-time enrollment is 13 through 17 clock hours net instruction per week or three units per year or the equivalent;
(iii) A one-half-time enrollment is 9 through 12 clock hours net instruction per week or two units per year or the equivalent;
(iv) A less than one-half-time but more than one-quarter-time enrollment is 5 through 8 clock hours net instruction per week or one unit per year or the equivalent; and
(v) A one-quarter-time enrollment is 1 through 4 clock hours net instruction per week.
(3) Elementary school. For a high school preparatory course pursued at the elementary school level—
(i) A full-time enrollment is 18 clock hours net instruction per week;
(ii) A three-quarter-time enrollment is 13 through 17 clock hours net instruction per week;
(iii) A one-half-time enrollment is 9 through 12 clock hours net instruction per week;
(iv) A less than one-half-time but more than one-quarter-time enrollment is 5 through 8 clock hours net instruction per week; and
(v) A one-quarter-time enrollment is 1 through 4 clock hours per week.
(Authority: 38 U.S.C. 3688(a))
(b) Measurement of non-college degree courses offered by institutions of higher learning.
(1) Notwithstanding the provisions of paragraph (a)(1) of this section, if a student is enrolled in a course which is not leading to a standard college degree and which is offered by an institution of higher learning, VA will measure his or her enrollment in the same manner as collegiate undergraduate courses are measured according to the provisions of paragraph (c) of this section.
(2) Notwithstanding the provisions of paragraph (a)(1) of this section, if a student is enrolled in a course not leading to a standard college degree which is offered on a standard quarter- or semester-hour basis by an educational institution which is not an institution of higher learning, VA shall measure his or her enrollment in the same manner as collegiate undergraduate courses are measured according to the provisions of paragraph (c) of this section, provided that the educational institution requires at least the same minimum number of hours of weekly attendance as are required by paragraph (a)(1) of this section for courses offered on a clock-hour basis. If the educational institution does not require at least the same minimum number of hours of weekly attendance as are required in paragraph (a)(1) of this section, VA will not apply the provisions of paragraph (c) of this section, but will measure the course according to the criteria in paragraph (a)(1) of this section.
(c) Undergraduate, graduate, professional, and on-the-job training courses. Collegiate graduate, professional and on-the-job training courses shall be measured as stated in this table. This shall be used for measurement of collegiate undergraduate courses subject to all the measurement criteria of § 21.4272. Clock hours and sessions mentioned in this table mean clock hours and class sessions per week.
(Authority: 38 U.S.C. 3482, 3532, 3677, 3687, 3688)
Courses
Kind of school Kind of course Full time 3/4 time 1/2 time Less than 1/2 more than 1/4 time 1/4 time or less
1 Cooperative courses may be measured on a full-time basis only.
2 When the institution certifies that all undergraduate students enrolled for a minimum of 12 or 13 semester hours or the equivalent are charged full-time tuition, or considered full time for other administrative purposes, such minimum hours will establish the criteria for full-time measurement. When 12 hours is properly certified as full time, VA will measure 9 through 11 hours as 3/4 time, 6 through 8 hours as 1/2 time, 4 through 5 hours as less than 1/2 time and more than 1/4 time, and 1 through 3 hours as 1/4 time or less. VA will measure all other undergraduate courses as indicated in the table for undergraduate or professional courses, as appropriate, but when 13 credit hours or the equivalent is certified as full time, 3/4 time will be 10 through 12 hours. When, in accordance with § 21.4273(a), a responsible official of a school certifies that a lesser number of hours constitute full time, 3/4 time, 1/2 time, less than 1/2 time and more than 1/4 time, or 1/4 time or less, VA will accept the certification for measurement purposes.
To meet criteria for full-time measurement in standard collegiate courses which include required noncredit deficiency courses, in the absence of a certification under § 21.4272(k), VA will convert the noncredit deficiency courses on the basis of the applicable measurement criteria, as follows: 18 or 22 clock hours, 4 “Carnegie Units,” or 12, 13, or 14 (as appropriate) semester hours equal full time. The credit-hour equivalent of such noncredit courses may constitute any portion of the required hours for full-time measurement.
3 Class sessions measured on basis of not less than 50 minutes of classroom instruction. Supervised study periods, class breaks and rest periods are excluded.
4 Supervised study must be excluded.
5 Full-time training will consist of the number of hours which constitute the standard workweek of the training establishment, but not less than 30 hours unless a lesser number of hours is established as the standard workweek for the particular establishment through bona fide collective bargaining between employers and employees.
6 In measuring net instruction there will be included customary intervals not to exceed 10 minutes between classes. Shop practice and rest periods are excluded. Supervised instruction periods in school's shops in farm cooperative programs and the time involved in field trips and individual and group instruction may be included in computing the clock hour requirements.
7 For full-time training the 440 clock hours a year may be prescheduled to provide not less than 80 clock hours in any 3-month period.
Collegiate undergraduate Standard collegiate courses including cooperative and external degree programs 1 14 semester hours or equivalent 2 10 through 13 semester hours or equivalent 7 through 9 semester hours or equivalent 4 through 6 semester hours or equivalent 1 through 3 semester hours or equivalent.
Collegiate graduate Standard collegiate graduate courses including law and external degree programs 1 14 semester hours or equivalent or as certified by a responsible official of the school 2 10 through 13 semester hours or as certified by a responsible official of the school 7 through 9 semester hours as certified by a responsible official of the school 4 through 6 semester hours or as certified by a responsible official of the school 1 through 3 semester hours or as certified by a responsible official of the school.
Professional nonaccredited Law only 3 12 class sessions per week 9 through 11 class sessions per week 6 through 8 class sessions per week 4 through 5 class sessions per week 1 through 3 class sessions per week.
Professional accredited and equivalent Internships and residencies: Medical, Dental, Osteopathic As established by accrediting association As established by accrediting association or entity offering the internship or residency As established by accrediting association or entity offering the internship or residency As established by accrediting association or entity offering the internship or residency As established by accrediting association or entity offering the internship or residency
Nursing, X-ray, medical technology, medical records librarian, physical therapy 4 18 clock hours or 14 semester hours, as appropriate 13 through 17 clock hours or 10 through 13 semester hours, as appropriate 9 through 12 clock hours or 7 through 9 semester hours, as appropriate 5 through 8 clock hours or 4 through 6 semester hours, as appropriate 1 through 4 clock hours or less than 4 semester hours, as appropriate.
Training establishment Apprentice or other on-the-job 5 Standard workweek Full time only
Agricultural Farm Cooperative 6 10 clock hours net instruction 7 7 clock hours net instruction 5 clock hours net instruction No provision.
[44 FR 62503, Oct. 31, 1979, as amended at 45 FR 73479, Nov. 5, 1980; 48 FR 37992, Aug. 22, 1983; 50 FR 21605, May 28, 1985; 50 FR 43135, Oct. 24, 1985; 54 FR 48549, Dec. 1, 1988; 54 FR 33891, Aug. 17, 1989; 57 FR 29804, July 7, 1992; 57 FR 35628, Aug. 10, 1992; 61 FR 6784, Feb. 22, 1996; 62 FR 55760, Oct. 28, 1997]

Title 38 published on 2014-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 10 - ARMED FORCES
U.S. Code: Title 38 - VETERANS’ BENEFITS

§ 101 - Definitions

§ 501 - Rules and regulations

§ 512 - Delegation of authority; assignment of functions and duties

§ 1151 note - Benefits for persons disabled by treatment or vocational rehabilitation

§ 1163 - Trial work periods and vocational rehabilitation for certain veterans with total disability ratings

§ 1501 - Definitions

§ 1502 - Determinations with respect to disability

§ 1503 - Determinations with respect to annual income

§ 1504 - Persons heretofore having a pensionable status

§ 1505 - Payment of pension during confinement in penal institutions

§ 1506 - Resource reports and overpayment adjustments

§ 1507 - Disappearance

§ 1508 - Frequency of payment of pension benefits

§ 1802 - Spina bifida conditions covered

§ 1803 - Health care

§ 1804 - Vocational training and rehabilitation

§ 1805 - Monetary allowance

§ 1806 - Repealed.

§ 3001 - Purposes

§ 3002 - Definitions

§ 3011 - Basic educational assistance entitlement for service on active duty

§ 3012 - Basic educational assistance entitlement for service in the Selected Reserve

§ 3013 - Duration of basic educational assistance

§ 3014 - Payment of basic educational assistance

§ 3014A - Accelerated payment of basic educational assistance for education leading to employment in high technology occupation in high technology industry

§ 3015 - Amount of basic educational assistance

§ 3016 - Inservice enrollment in a program of education

§ 3017 - Death benefit

§ 3018 - Opportunity for certain active-duty personnel to withdraw election not to enroll

§ 3018A - Opportunity for certain active-duty personnel to enroll before being involuntarily separated from service

§ 3018B - Opportunity for certain persons to enroll

§ 3018C - Opportunity for certain VEAP participants to enroll

§ 3019 - Tutorial assistance

§ 3020 - Authority to transfer unused education benefits to family members for career service members

§ 3021 - Supplemental educational assistance for additional service

§ 3022 - Amount of supplemental educational assistance

§ 3023 - Payment of supplemental educational assistance under this subchapter

§ 3031 - Time limitation for use of eligibility and entitlement

§ 3032 - Limitations on educational assistance for certain individuals

§ 3033 - Bar to duplication of educational assistance benefits

§ 3034 - Program administration

§ 3035 - Allocation of administration and of program costs

§ 3036 - Repealed.

§ 3100 - Purposes

§ 3101 - Definitions

§ 3102 - Basic entitlement

§ 3103 - Periods of eligibility

§ 3104 - Scope of services and assistance

§ 3105 - Duration of rehabilitation programs

§ 3106 - Initial and extended evaluations; determinations regarding serious employment handicap

§ 3107 - Individualized vocational rehabilitation plan

§ 3108 - Allowances

§ 3109 - Entitlement to independent living services and assistance

§ 3110 - Leaves of absence

§ 3111 - Regulations to promote satisfactory conduct and cooperation

§ 3112 - Revolving fund loans

§ 3113 - Vocational rehabilitation for hospitalized members of the Armed Forces and veterans

§ 3114 - Vocational rehabilitation outside the United States

§ 3115 - Rehabilitation resources

§ 3116 - Promotion of employment and training opportunities

§ 3117 - Employment assistance

§ 3118 - Personnel training, development, and qualifications

§ 3119 - Rehabilitation research and special projects

§ 3120 - Program of independent living services and assistance

§ 3121 - Veterans’ Advisory Committee on Rehabilitation

§ 3122 - Longitudinal study of vocational rehabilitation programs

§ 3201 - Purpose

§ 3202 - Definitions

§ 3221 - Eligibility

§ 3222 - Contributions; matching fund

§ 3223 - Refunds of contributions upon disenrollment

§ 3224 - Death of participant

§ 3225 - Discharge or release under conditions which would bar the use of benefits

§ 3231 - Entitlement; loan eligibility

§ 3232 - Duration; limitations

§ 3233 - Apprenticeship or other on-job training

§ 3234 - Tutorial assistance

§ 3241 - Requirements

§ 3242 - Vacant]

§ 3243 - Deposits; reports

§ 3301 - Definitions

§ 3311 - Educational assistance for service in the Armed Forces commencing on or after September 11, 2001: entitlement

§ 3312 - Educational assistance: duration

§ 3313 - Educational assistance: amount; payment

§ 3314 - Tutorial assistance

§ 3315 - Licensure and certification tests

§ 3315A - National tests

§ 3316 - Supplemental educational assistance: members with critical skills or specialty; members serving additional service

§ 3317 - Public-private contributions for additional educational assistance

§ 3318 - Additional assistance: relocation or travel assistance for individual relocating or traveling significant distance for pursuit of a program of education

§ 3319 - Authority to transfer unused education benefits to family members

§ 3321 - Time limitation for use of and eligibility for entitlement

§ 3322 - Bar to duplication of educational assistance benefits

§ 3323 - Administration

§ 3324 - Allocation of administration and costs

§ 3451 - Purpose

§ 3452 - Definitions

§ 3461 - Eligibility; entitlement; duration

§ 3462 - Time limitations for completing a program of education

§ 3463 - Vacant]

§ 3470 - Selection of program

§ 3471 - Applications; approval

§ 3472 - Vacant]

§ 3473 - Repealed.

§ 3474 - Discontinuance for unsatisfactory conduct or progress

§ 3475 - Vacant]

§ 3476 - Education outside the United States

§ 3477, 3478 - Vacant]

§ 3481 - Educational assistance allowance

§ 3482 - Computation of educational assistance allowances

§ 3482A - Vacant]

§ 3483 - Approval of courses

§ 3484 - Apprenticeship or other on-job training; correspondence courses

§ 3485 - Work-study allowance

§ 3486, 3487 - Vacant]

§ 3490 - Purpose

§ 3491 - Elementary and secondary education and preparatory educational assistance

§ 3492 - Tutorial assistance

§ 3493 - Effect on educational entitlement

§ 3495 to 3498 - Vacant]

§ 3500 - Purpose

§ 3501 - Definitions

§ 3510 - Eligibility and entitlement generally

§ 3511 - Duration of educational assistance

§ 3512 - Periods of eligibility

§ 3513 - Application

§ 3514 - Processing of applications

§ 3520 - Educational and vocational counseling

§ 3521 - Approval of application

§ 3522 - Vacant]

§ 3523 - Disapproval of enrollment in certain courses

§ 3524 - Discontinuance for unsatisfactory progress

§ 3525, 3526 - Vacant]

§ 3531 - Educational assistance allowance

§ 3532 - Computation of educational assistance allowance

§ 3533 - Special assistance for the educationally disadvantaged

§ 3534 - Apprenticeship or other on-job training; correspondence courses

§ 3535 - Approval of courses

§ 3536 - Specialized vocational training courses

§ 3537 - Work-study allowance

§ 3538 - Vacant]

§ 3540 - Purpose

§ 3541 - Entitlement to special restorative training

§ 3542 - Special training allowance

§ 3543 - Special administrative provisions

§ 3561 - Authority and duties of Secretary

§ 3562 - Nonduplication of benefits

§ 3563 - Notification of eligibility

§ 3564 - Annual adjustment of amounts of educational assistance

§ 3565 - Children of certain Philippine veterans

§ 3566 - Definitions

§ 3670 - Scope of approval

§ 3671 - Designation

§ 3672 - Approval of courses

§ 3673 - Approval activities: cooperation and coordination of activities

§ 3674 - Reimbursement of expenses

§ 3674A - Evaluations of agency performance; qualifications and performance of agency personnel

§ 3675 - Approval of accredited courses

§ 3676 - Approval of nonaccredited courses

§ 3677 - Approval of training on the job

§ 3678 - Notice of approval of courses

§ 3679 - Disapproval of courses

§ 3680 - Payment of educational assistance or subsistence allowances

§ 3680A - Disapproval of enrollment in certain courses

§ 3681 - Limitations on educational assistance

§ 3682 - Control by agencies of the United States

§ 3683 - Conflicting interests

§ 3684 - Reports by veterans, eligible persons, and institutions; reporting fee

§ 3684A - Procedures relating to computer matching program

§ 3685 - Overpayments to eligible persons or veterans

§ 3686 - Correspondence courses

§ 3687 - Apprenticeship or other on-job training

§ 3688 - Measurement of courses

§ 3689 - Approval requirements for licensing and certification testing

§ 3690 - Overcharges by educational institutions; discontinuance of allowances; examination of records; false or misleading statements

§ 3691 - Change of program

§ 3692 - Advisory committee

§ 3693 - Compliance surveys

§ 3694 - Use of other Federal agencies

§ 3695 - Limitation on period of assistance under two or more programs

§ 3696 - Limitation on certain advertising, sales, and enrollment practices

§ 3697 - Funding of contract educational and vocational counseling

§ 3697A - Educational and vocational counseling

§ 3698 - Comprehensive policy on providing education information to veterans

38 U.S. Code § 3698 - Comprehensive policy on providing education information to veterans

§ 5100 - Definition of “claimant”

§ 5101 - Claims and forms

§ 5102 - Application forms furnished upon request; notice to claimants of incomplete applications

§ 5103 - Notice to claimants of required information and evidence

§ 5103A - Duty to assist claimants

§ 5104 - Decisions and notices of decisions

§ 5105 - Joint applications for social security and dependency and indemnity compensation

§ 5106 - Furnishing of information by other agencies

§ 5107 - Claimant responsibility; benefit of the doubt

§ 5108 - Reopening disallowed claims

§ 5109 - Independent medical opinions

§ 5109A - Revision of decisions on grounds of clear and unmistakable error

§ 5109B - Expedited treatment of remanded claims

§ 5303A - Minimum active-duty service requirement

U.S. Code: Title 41 - PUBLIC CONTRACTS
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
Statutes at Large
Public Laws