**Courses**

**§21.7120 Courses included in programs of education.**

\(a\) *General.* Generally, VA will approve, and will authorize payment
of educational assistance, for the individual's enrollment in any course
or subject which a State approving agency has approved as provided in
§21.7220 of this part and which forms a part of a program of education
as defined in §21.7020(b)(23) of this part. Restrictions on this general
rule are stated in §21.7222(b) of this part, however. (Authority: 38
U.S.C. 3002(3), 3452; Pub. L. 98-525)

\(b\) *Avocational and recreational courses are restricted.*

\(1\) VA will not pay educational assistance for an enrollment in any
course:

\(i\) Which is avocational or recreational in character, or

\(ii\) The advertising for which contains significant avocational or

recreational themes.

\(2\) VA presumes that the following courses are avocational or
recreational in character unless the veteran or servicemember justifies
their pursuit to VA as provided in paragraph (b)(3) of this section. The
courses are:

\(i\) Any photography course or entertainment course, or

\(ii\) Any music course instrumental or vocal, public speaking course or
courses in dancing, sports or athletics, such as horseback riding,
swimming fishing, skiing, golf, baseball, tennis bowling, sports
officiating, or other sport or athletic courses, except courses of
applied music, physical education, or public speaking which are offered
by institutions of higher learning for credit as an integral part of a
program leading to an educational objective, or

\(iii\) Any other type of course which VA determines to be avocational
or recreational.

\(3\) To overcome the presumption that a course is avocational or
recreational in character, the veteran or servicemember must establish
that the course will be of bona fide use in the pursuit of his or her
present or contemplated business or occupation. (Authority; 38 U.S.C.
3034, 3473; Pub. L. 98-525)

\(c\) *Flight training.*

\(1\) VA may pay educational assistance for an enrollment in a flight
training course:

\(i\) When an institution of higher learning offers the course for
credit toward the standard college degree the veteran or servicemember
is pursuing; or

\(ii\) When:

\(A\) A flight school is offering the course,

\(B\) The State approving agency and the Federal Aviation

Administration have approved the course,

\(C\) The course of flight training is generally accepted as necessary
to attain a recognized vocational objective in the field of aviation
which the veteran or servicemember is pursuing, and

\(D\) The training for which payment is made occurred after

September 29, 1990.

\(2\) VA will not pay educational assistance for an enrollment in a
flight training course which the veteran or servicemember is pursuing as
ancillary training for a vocation other than aviation. (Authority: 38
U.S.C. 3034(f))

\(d\) *Independent study*.

\(1\) Except as provided in paragraph (d)(2) of this section, effective
October 29, 1992, VA may pay educational assistance to a veteran or
servicemember who is enrolled in a nonaccredited course or unit subject
offered entirely or partly by independent study only if:

\(i\) Successful completion of the nonaccredited course or unit subject
is required in order for the veteran or servicemember to complete his or
her program of education,

\(ii\) On October 29, 1992, the veteran or servicemember was receiving
educational assistance for pursuit of the program of education of which
the nonaccredited independent study course or unit subject forms a part,
and

\(iii\) The veteran or servicemember has remained continuously enrolled
in the program of education of which the nonaccredited independent study
course or unit subject forms a part from October 29, 1992, to the date
of enrollment by the veteran or servicemember in the nonaccredited
independent study course or unit subject.

\(2\) Notwithstanding the provisions of paragraph (d)(1) of this
section, VA may pay educational assistance to a veteran or servicemember
for enrollment in a course or unit subject offered by independent study
which, though part of an approved program of education, is not required
in order for the veteran or servicemember to complete the program of
education (i.e., an elective) when:

\(i\) The veteran or servicemember was enrolled in and receiving
educational assistance for the course or unit subject on October 29,
1992, and

\(ii\) The veteran or servicemember remains continuously enrolled in the
course or unit subject.

\(3\) Whether or not the veteran or servicemember is enrolled will be
determined by the regularly prescribed standards and practices of the
educational institution offering the course or unit subject. (Authority:
38 U.S.C. 3014, 3034, 3076, 3680A(a); §313(b), Pub. L. 102-568, 106
Stat. 4333)

\[53 FR 1757, Jan. 22, 1988, as amended at 53 FR 3207, Feb. 4, 1988; 57
FR 15024, April 24, 1992; 61 FR 6788, Feb. 22, 1996; 61 FR 29297, June
10, 1996\]

**Supplement *Highlights* references**: 23(1), 27(3).

*Next Section is §21.7122*