Resident training

(22) Resident training. The term resident training means (i) A course or subject, leading to a standard college degree, offered in residence on a standard quarter- or semester-hour basis; (ii) A course of subject leading to a standard college degree at the undergraduate level which requires regularly scheduled, weekly classroom or laboratory sessions but does not require them in sufficient number to meet the provision of paragraph (23)(i) of this section, (iii) A course or subject leading to standard college degree at the undergraduate level which (A) Would qualify as a course under paragraph (b)(22)(i) of this section except that it does not have weekly class instruction, (B) Requires pursuit of standard class sessions for each credit at a rate not less frequent than every 2 weeks, (C) Requires monthly pursuit of a total number of standard class sessions which, during the month, is required by a course meeting the provisions of paragraph (b)(22)(i) of this section, (D) Is considered by the institution offering it as fully equivalent to a course described in paragraph (b)(22)(i) of this section including payment of tuition and fees; the awarding of academic credit for the purpose of meeting graduation requirements; and the transfer of credits to a course meeting the provision of paragraph (b)(22)(i) of this section, and (E) Together with all other similar courses offered by the institution of higher learning, has an enrollment representing less than 50 percent of persons at that institution receiving educational assistance under either chapter 31, 32, 34, 35 or 36 of title 38 U.S.C., (iv) The hospital or fieldwork phase of a course with the objective of registered professional nurse or registered nurses, including a course leading to a degree in nursing when (A) The hospital or fieldwork phase of the course is an integral part of the course, (B) The completion of the hospital or fieldwork course is a prerequisite to the successful completion of the course, (C) The student remains enrolled in the institution of higher learning during the hospital or fieldwork phase, and (D) The training is under the direct supervision of the institution of higher learning. (v) The clinical training portion of a course leading to the objective of practical nurse, practical trained nurse, or licensed practical nurse when (A) The clinical training is offered by an affiliated or cooperating hospital, (B) The student is enrolled in and supervised by the institution of higher learning during the clinical training, and (C) The course is accredited by a nationally recognized accrediting agency or meets the requirements of the licensing body of the State in which the institution of higher learning is located. (vi) An off-campus job experience included in a course offered by an institution of higher learning is resident training only if the course is (A) Accredited by a nationally recognized accrediting agency or is offered by a school that is accredited by one of the regional accrediting agencies; (B) A part of the approved curriculum of the institution of higher learning; (C) Directly supervised by the institution of higher learning; (D) Measured in the same unit as other courses; (E) Required for graduation; and (F) Has a planned program of activities described in the institution of higher learning's official publication which is approved by the State approving agency and which is institutional in nature as distinguished from training on-the-job. The description shall include at least a unit subject description; a provision for an assigned instructor; a statement that the planned program of activities is controlled by the institution of higher learning, not by the officials of the job establishment; a requirement that class attendance on at least a weekly basis be regularly scheduled to provide for interaction between instructor and student; a statement that appropriate assignments are required for completion of the course; a grading system similar to the system used for other resident subjects offered by the institution of higher learning; and a schedule of time required for the training which demonstrates that the student shall spend at least as much time in preparation and training as is normally required by the institution of higher learning for its other resident courses. (vii) A course including student teaching, or (viii) A flight training course when included as a creditable part of an undergraduate course leading to a standard college degree. (23) School, educational institution, institution. The terms school, educational institution, and institution mean: (i) A vocational school or business school; (ii) A junior college, teachers' college, college, normal school, professional school, university, or scientific or technical institution; (iii) A public or private elementary school or secondary school which offers courses for adults, provided that the courses lead to an objective other than an elementary school diploma, a high school diploma, or their equivalents; or (iv) Any entity, other than an institution of higher learning, that provides training required for completion of a State-approved alternative teacher certification program. (24) School year. The term school year means generally a period of 2 semesters or 3 quarters which is not less than 30 nor more than 39 weeks in total length. (25) Standard class session. The term standard class session has the same meaning as provided in 21.4200(g) of this part. (26) Standard college degree. The term standard college degree has the same meaning as provided in 21.4200(e) of this part. (27) State. The term State has the same meaning as provided in 21.1021(c) of this part. (28) Vocational or professional objective. A vocational or professional objective is one that leads to an occupation. It may include educational objectives essential to prepare for the chosen occupation, but not include any educational objectives beyond the bachelor's degree. When a program of education consists of series of courses not leading to an educational objective, these courses must be pursued at an institution of higher learning and must be required for attainment of a designated vocational or professional objective. (29) Disabling effects of chronic alcoholism. (i) The term disabling effects of chronic alcoholism means alcohol-induced physical or mental disorders or both, such as habitual intoxication, withdrawal, delirium, amnesia, dementia, and other like manifestations of chronic alcoholism which, in the particular case, (A) Have been medically diagnosed as manifestations of alcohol dependency or chronic alcohol abuse; and (B) Are determined to have prevented commencement or completion of the affected individual's chosen program of education. (ii) A diagnosis of alcoholism, chronic alcoholism, alcohol-dependency, chronic alcohol abuse, etc., in and of itself, does not satisfy the definition of this term. (iii) Injury sustained by a reservist as a proximate and immediate result of activity undertaken by the reservist while physically or mentally unqualified to do so due to alcoholic intoxication is not considered a disabling effect of chronic alcoholism. (30) Cooperative course. The term cooperative course means a full-time program of education which consists of institutional courses and alternate phases of training in a business or industrial establishment with the training in the business or industrial establishment being strictly supplemental to the institutional portion. (31) Established charge. The term established charge means the lesser of (i) The charge for the correspondence course or courses determined on the basis of the lowest extended time payment plan offered by the educational institution and approved by the appropriate State approving agency; or (ii) The actual charge to the reservist. (32) Training establishment. The term training establishment means any establishment providing apprentice or other on-job training, including those under the supervision of a college, university, any State department of education, any State apprenticeship agency, any State board of vocational education, any joint apprenticeship committee, 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. (33) Continuously enrolled. The term continuously enrolled means being in an enrolled status at an educational institution for each day during the ordinary school year, and for consecutive school years. Consequently, continuity of enrollment is not broken by holiday vacations, vacation periods, periods during the school year between terms, quarters, or semesters, or by nonenrollment during periods of enrollment outside the ordinary school year (e.g., summer sessions). (34) Persian Gulf War. The term Persian Gulf War means the period beginning on August 2, 1990, and ending on the date thereafter prescribed by Presidential proclamation or by law. (35) Alternative teacher certification program. The term alternative teacher certification program, for the purposes of determining whether an entity offering such a program is a school, educational institution, or institution as defined in paragraph (b)(23)(iv) of this section, means a program leading to a teacher's certificate that allows individuals with a bachelor's degree or graduate degree to obtain teacher certification without enrolling in an institution of higher learning.

Source

38 CFR § 21.7520


Scoping language

None
Is this correct? or