**Schools**

**§21.4200 Definitions.**

The definitions in this section apply to this subpart, except as
otherwise provided. The definitions of terms defined in this section
also apply to subparts C, F, G, H, K, and L if they are not otherwise
defined for purposes of those subparts.

\(a\) *School, educational institution, institution*. The terms school,
educational institution and institution mean:

\(1\) A vocational school or business school;

\(2\) A junior college, teachers' college, college, normal school,
professional school, university, or scientific or technical institution;

\(3\) A public or private elementary school or secondary school;

\(4\) A training establishment as defined in paragraph (c) of this
section;

\(5\) Any entity, other than an institution of higher learning, that
provides training for completion of a State-approved alternative teacher
certification program; or

\(6\) Any private entity that offers, either directly or indirectly
under an agreement with another entity, a course or courses to fulfill
requirements for the attainment of a license or certificate generally
recognized as necessary to obtain, maintain, or advance in employment in
a profession or vocation in a high technology occupation. (Authority: 38
U.S.C. 3452, 3501(a)(6), 3689(d))

\(b\) *Divisions of the school year.*

\(1\) *Ordinary School Year* is generally a period of 2 semesters or 3
quarters which is not less than 30 nor more than 39 weeks in total
length.

\(2\) *Term*, any regularly established division of the ordinary school
year under which the school operates.

\(3\) *Quarter*, a division of the ordinary school year, usually a
period from 10 to 13 weeks long.

\(4\) *Semester*, a division of the ordinary school year, usually a
period from 15 to 19 weeks long.

\(5\) *Summer term*, the whole of the period of instruction at a school
which takes place between ordinary school years. A summer term may be
divided into several summer sessions. (Authority: 38 U.S.C. 3680(a))

\(6\) *Summer session*, any division of a summer term. (Authority: 38
U.S.C. 3680(a))

\(c\) *Training establishment*. The term training establishment means
any establishment providing apprentice or other training on-the-job,
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. (Authority: 38 U.S.C. 3452(e), 3501(a)(9))

\(d\) *External degree.* This term means a standard college degree given
by an accredited college or university based on satisfactory completion
of a prescribed program of independent study. The program may require
occasional attendance for a workshop or seminar and may include some
regular residence course work.

\(e\) *Standard college degree.* The term means an associate or higher
degree awarded by:

\(1\) An institution of higher learning that is accredited as a
collegiate institution by a recognized regional or national accrediting
agency; or

\(2\) An institution of higher learning that is a *candidate* for
accreditation, as that term is used by the regional or the national
accrediting agencies; or

\(3\) An institution of higher learning upon completion of a course
which is accredited by an agency recognized to accredit specialized
degree-level programs. (Authority: 38 U.S.C. 3452)

\(f\) *Undergraduate college degree.* The term means a college or
university degree obtained through the pursuit of unit subjects which
are below the graduate level. Included are associate degrees, bachelors'
degrees and first professional degrees.

\(g\) *Standard class session*. The term *standard class session* means
the time an educational institution schedules for class each week in a
regular quarter or semester for one quarter or one semester hour of
credit. It is not less than 1 hour (or one 50-minute period) of academic
instruction, 2 hours (or two 50-minute periods) of laboratory
instruction, or 3 hours (or three 50-minute periods) of workshop
training. (Authority: 38 U.S.C. 3688(c))

\(h\) *Institution of higher learning.* This term means:

\(1\) 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.

\(2\) When there is no State law to authorize the granting of a degree,
a school which:

\(i\) Is accredited for degree programs by a recognized accrediting
agency, or

\(ii\) Is a recognized candidate for accreditation as a degree-granting
school by one of the national or regional accrediting associations and
has been licensed or chartered by the appropriate State authority as a
degree-granting institution.

\(3\) A hospital offering medical-dental internships or residencies
approved in accordance with §21.4265(a) without regard to whether the
hospital grants a post-secondary degree.

\(4\) An educational institution which:

\(i\) Is not located in a State,

\(ii\) Offers a course leading to a standard college degree or the
equivalent, and

\(iii\) Is recognized as an institution of higher learning by the
secretary of education (or comparable official) of the country in which
the educational institution is located. (Authority: 38 U.S.C. 3452)

\(i\) *Audited course.* The term means any credit course which a student
attends as a listener only with a prior understanding between school
officials and the student that such attendance will not result in credit
being granted toward graduation. See §21.4252(i). (Authority: 38 U.S.C.
3680(a)(3))

\(j\) *Nonpunitive grade.* The term means any grade assigned for pursuit
of a course, whether upon completion of the course or at the time of
withdrawal from the course, which has the effect of excluding the course
from any consideration in determining progress toward fulfillment of
requirements for graduation. No credit toward the school's requirements
for graduation is granted for such a grade, nor does the grade affect
any other criteria for graduation by the policies of the school, such as
a grade point average. Therefore, it has the same effect as an audited
course. See §21.4135(e).

\(k\) *Punitive grade.* The term means a grade assigned for pursuit of a
course which is used in determining the student's overall progress
toward completion of the school's requirements for graduation. Unlike
the nonpunitive grade, the punitive grade does affect the criteria to be
met by the student for graduation, i.e., it is a factor in computing the
student's grade average or grade point average, for example. For this
reason it is not the same as an audited course, since it does have an
effect upon the student's ability to meet the school's criteria for
graduation. See §21.4135(e).

\(l\) *Drop-add period.* The term means a reasonably brief period at the
beginning of a term, not to exceed 30 days, officially designated by a
school for unrestricted enrollment changes by students. (Authority: 38
U.S.C. 3680(a)(4))

\(m\) *Normal commuting distance.* Two locations that are within 55
miles of each other are within normal commuting distance. Furthermore, a
branch, extension or additional facility of a school located more than
55 miles from the school's main campus or parent facility will be
considered within normal commuting distance only if:

\(1\) School records show that, prior to the establishment of the
additional teaching site, at least 20 students or 5 percent of the
enrollment, whichever is the lesser, on the main campus or parent
facility were regularly commuting from the area where the additional
teaching site is located; or

\(2\) Other comparable evidence clearly shows that students commute
regularly between the two locations. (Authority: 38 U.S.C. 3689(c))

\(n\) *Enrollment.* This term means the state of being on that roll, or
file of a school which contains the names of active students.

\(o\) *Pursuit of a program of education.*

\(1\) This term means to work while enrolled, toward the objective of a
program of education. This work must be in accordance with approved
institution policy and regulations and applicable criteria of Title 38,
United States Code; must be necessary to reach the program's objective;
and must be accomplished through:

\(i\) Resident courses,

\(ii\) Independent study courses,

\(iii\) Correspondence courses,

\(iv\) An apprenticeship or other on-the-job training program,

\(v\) Flight courses,

\(vi\) A farm cooperative course,

\(vii\) A cooperative course, or

\(viii\) A graduate program of research in absentia.

\(2\) The Department of Veterans Affairs will consider a veteran or
eligible person who qualifies under §21.4138 for payment during an
interval or school closing, or who qualifies for payment but whose work
is interrupted by a holiday vacation as defined in §21.7020(b)(16), to
be in pursuit of a program of education during the interval, school
closing or holiday vacation.

\(p\) *Enrollment period.*

\(1\) This term means an interval of time during which a veteran or
eligible person:

\(i\) Is enrolled in an educational institution; and

\(ii\) Is pursuing his or her program of education.

\(2\) This term applies to each unit course or subject in the veteran's
or eligible person's program of education.

\(q\) *Attendance.* This term means the presence of a veteran or
eligible person:

\(1\) In the class where the approved course is being taught in which he
or she is enrolled;

\(2\) At a training establishment; or

\(3\) Any other place of instruction, training or study designated by
the educational institution or training establishment where the veteran
or eligible person is enrolled and is pursuing a program of education.
(Authority: 38 U.S.C. 3680(g))

\(r\) *In residence on a standard quarter- or semester-hour basis.* This
term means study at a site or campus of a college or university, or
off-campus at an official resident center, requiring pursuit of
regularly scheduled weekly class instruction at the rate of one standard
class session per week throughout a standard quarter or semester for one
quarter- or one semester-hour credit. (Authority: 38 U.S.C. 3688(c))

\(s\) *Deficiency course.* This term means any secondary level course or
subject not previously completed satisfactorily which is specifically
required for pursuit of a post-secondary program of education.

\(t\) *Remedial course.* This term means a special course designed to
overcome a deficiency at the elementary or secondary level in a
particular area of study, or a handicap, such as in speech.

\(u\) *Refresher course.* This term means a course at the elementary or
secondary level to review or update material previously covered in a
course that has been satisfactorily completed. (Authority: 38 U.S.C.
3491(a)(2))

\(v\) *Reservist*. The term *reservist* means a member of the Selected
Reserve of the Ready Reserve of any of the reserve components (including
the Army National Guard of the United States and the Air National Guard
of the United States) of the Armed Forces who is eligible to receive
educational assistance under 38 U.S.C. chapter 30 or 10 U.S.C. chapter
1606. (Authority: 38 U.S.C. 3002)

\(w\) *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 (a)(5) 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. (Authority: 38
U.S.C. 3452(c))

\(x\) *State*. The term *State* has the same meaning as provided in
§3.1(i) of this chapter. (Authority: 38 U.S.C. 101(20))

\(y\) *Pilot certificate*. A *pilot certificate* is a pilot certificate
issued by the Federal Aviation Administration. The term means a pilot's
license as that term is used in 10 U.S.C. chapter 1606 and 38 U.S.C.
chapters 30 and 32. (Authority: 10 U.S.C. 16136(c); 38 U.S.C. 3034(d),
3241(b))

\(z\) *Proprietary educational institution*. The term proprietary
educational institution (including a proprietary profit or proprietary
nonprofit educational institution) means an educational institution
that:

\(1\) Is not a public educational institution;

\(2\) Is in a State; and

> \(3\) Is legally authorized to offer a program of education in the
> State where the educational institution is physically located.
> (Authority: 38 U.S.C. 3680A(e))

(aa) *High technology industry*: The term *high technology industry*
includes the following industries:

\(1\) Biotechnology;

\(2\) Life science technologies;

\(3\) Opto-electronics;

\(4\) Computers and telecommunications;

\(5\) Electronics;

\(6\) Computer-integrated manufacturing;

\(7\) Material design;

\(8\) Aerospace;

\(9\) Weapons;

\(10\) Nuclear technology; and

> \(11\) Any other identified advanced technologies in the biennial
> Science and Engineering Indicators report published by the National
> Science Foundation. (Authority: 38 U.S.C. 3014A, 3452(c), 3501(a)(6))

(bb) *Employment in a high technology industry. Employment in a high
technology industry* means employment in a high technology occupation
specific to a high technology industry. (Authority: 38 U.S.C. 3014A)

\(cc\) *High technology occupation*. The term *high technology
occupation* means an occupation that leads to employment in a high
technology industry. These occupations consist of:

\(1\) Life and physical scientists;

\(2\) Engineers;

\(3\) Mathematical specialists;

\(4\) Engineering and science technicians;

\(5\) Computer specialists; and

> \(6\) Engineering, scientific, and computer managers. (Authority: 38
> U.S.C. 3014A, 3452(c), 3501(a)(6))

(dd) *Computer specialists*. The term *computer specialists* includes
the following occupations:

\(1\) Database, system, and network administrators;

\(2\) Database, system, and network developers;

\(3\) Computer and network engineers;

\(4\) Systems analysts;

\(5\) Programmers;

\(6\) Computer, database, and network support specialists;

\(7\) All computer scientists;

\(8\) Web site designers;

\(9\) Computer and network service technicians;

\(10\) Computer and network electronics specialists; and

> \(11\) All certified professionals, certified associates and certified
> technicians in the information technology field. (Authority: 38 U.S.C.
> 3014A, 3452(c), 3501(a)(6))

(ee) *Certification test*. The term *certification test* means a test an
individual must pass in order to receive a certificate that provides an
affirmation of an individual's qualifications in a specified occupation.
(Authority: 38 U.S.C. 3452(b), 3501(a)(5), 3689)

(ff) *Licensing test*. The term *licensing test* means a test offered by
a State, local, or Federal agency, the passing of which is a means, or
part of a means, to obtain a license. That license must be required by
law in order for the individual to practice an occupation in the
political jurisdiction of the agency offering the test. (Authority: 38
U.S.C. 3452(b), 3501(a)(5), 3689)

(gg) *Organization or entity offering a licensing or certification
test*.

\(1\) The term *organization or entity offering a licensing or
certification test* means:

\(i\) An organization or entity that causes a licensing test to be given
and that will issue a license to an individual who passes the test;

\(ii\) An organization or entity that causes a certification test to be
given and that will issue a certificate to an individual who passes the
test; or

\(iii\) An organization or entity that administers a licensing or
certification test for the organization or entity that will issue a
license or certificate, respectively, to the individual who passes the
test, provided that the administering organization or entity can provide
all required information and certifications under §21.4268 to the State
approving agency and to VA.

\(2\) This term does not include:

\(i\) An organization or entity that develops and/or proctors a
licensing or certification test but does not issue the license or
certificate; or

\(ii\) An organization or entity that administers a test but does not
issue the license or certificate if that administering organization or
entity cannot provide all required information and certifications under
§21.4268 to the State approving agency and to VA. (Authority: 38 U.S.C.
3452(b), 3501(a)(5), 3689)

(hh) *Tuition assistance top-up*. The term *tuition assistance top-up*
means a payment of basic educational assistance to meet all or a portion
of the charges of an educational institution for the education or
training of a servicemember that are not met by the Secretary of the
military department concerned under 10 U.S.C. 2007(a) or (c).
(Authority: 38 U.S.C. 3014(b))

\(ii\) *VA Regional Processing Office*. The term *VA Regional Processing
Office* means a VA office where claims for educational assistance under
38 U.S.C. chapters 30, 32, and 35 and 10 U.S.C. chapter 1606 are allowed
or disallowed. (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241,
3685, 3689)

(jj) \[Reserved\]

(kk) *Fugitive felon*. The term *fugitive felon* means an individual
identified as such by Federal, State, or local law enforcement officials
and who is a fugitive by reason of:

\(1\) 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;

\(2\) 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

\(3\) Violating a condition of probation or parole imposed for
commission of a felony under Federal or State law. (Authority: 38 U.S.C.
5313B)

(ll) *Felony*. The term *felony* means a major crime or offense defined
as such under the law of the place where the offense was committed or
under Federal law. It includes a high misdemeanor under the laws of a
State which characterizes as high misdemeanors offenses that would be
felony offenses under Federal law. (Authority: 38 U.S.C. 5313B)

\[31 FR 6774, May 6, 1966, as amended at 32 FR 3979, Mar. 11, 1967; 32
FR 13403, Sept. 23, 1967; 35 FR 9815, June 16, 1970; 38 FR 14935, June
7, 1973; 38 FR 32579, Nov. 27 1973; 39 FR 43221, Dec. 11, 1974; 40 FR
31762, July 29, 1975; 43 FR 35296, Aug. 5, 1978; 45 FR 48887, July 22,
1980; 48 FR 37584, Aug. 22, 1983; 53 FR 48549, Dec. 1, 1988; 55 FR
28027, July 9, 1990; 57 FR 29800, July 7, 1992; 61 FR 26114, May 24,
1996; 61 FR 29296, June 10, 1996; 62 FR 55760, Oct. 28, 1997; 63 FR
34128, June 23, 1998; 65 FR 81741, Dec. 27, 2000; 68 FR 35178, June 12,
2003; 70 FR 25786, May 16, 2005; 72 FR 16969, Apr. 5, 2007; 73 FR 65264,
Nov. 3, 2008\]

**Supplement *Highlights* references**: 27(1, 3), 39(2), 53(1), 62(3),
68(1), 73(1).

Reserved