**CONTENTS**

**CHAPTER 4. REVIEW OF APPROVALS --- SPECIFIC CRITERIA FOR
CORRESPONDENCE SCHOOLS, FLIGHT SCHOOLS, AND JOB TRAINING
ESTABLISHMENTS**

**SUBCHAPTER I. SPECIFIC CRITERIA FOR CORRESPONDENCE SCHOOLS**

PARAGRAPH PAGE

4.01 Nonaccredited Correspondence Schools 4-1

4.02 Percentage Of Students Completing Correspondence Courses 4-1

4.03 Enrollment Agreements 4-1

4.04 Refund Policies 4-2

4.05 Combination Correspondence --- Residence Programs 4-2

4.06 Maintaining Approval Data 4-3

4.07 Inquiries On Correspondence Approvals 4-3

**SUBCHAPTER II. SPECIFIC CRITERIA FOR FLIGHT SCHOOLS**

4.08 Federal Aviation Administration 4-4

4.09 Approval Requirements 4-6

4.10 Approval Packages 4-7

4.11 Specific Flight School Requirements 4-8

4.12 Types of Individual Courses 4-12

4.13 Flight Training Centers 4-13

4.14 Flight Simulators and Flight Training Devices 4-14

4.15 Concurrent Enrollment 4-15

4.16 VACERT for Windows 4-16

**CONTENTS (Continued)**

**SUBCHAPTER III. SPECIFIC CRITERIA FOR JOB TRAINING ESTABLISHMENTS**

PARAGRAPH PAGE

4.17 Applications to SAAs 4-18

4.18 Approval Requirements for Apprenticeship and OJT Programs 4-18

4.19 Definitions - Registered Apprenticeship Programs 4-20

4.20 Special Issues - Registered Apprenticeship Programs 4-20

4.21 Special Issues - Unregistered Apprenticeship Programs 4-21

4.22 Special Issues - Other OJT Programs 4-22

**APPENDICES**

APPENDIX PAGE

A. Glossary of Terms Pertaining to Flight Training 4-A-1

B. VA Approval of Flight Schools 4-B-1

C. FAA Minimum and VA Maximum Lengths for Flight Courses 4-C-1

D. Examples of Course Approval Issues 4-D-1

E. Maximum Hours for Flight Simulators and Flight Training Devices, Part
141 Vs. Part 142 4-E-1

F. VA Approval of Apprenticeship and Other OJT Programs 4-F-1

**CHAPTER 4. REVIEW OF APPROVALS --- SPECIFIC CRITERIA**

**FOR CORRESPONDENCE SCHOOLS, FLIGHT SCHOOLS, AND**

**JOB TRAINING ESTABLISHMENTS**

**SUBCHAPTER I. SPECIFIC CRITERIA FOR CORRESPONDENCE SCHOOLS**

**4.01 NONACCREDITED CORRESPONDENCE SCHOOLS**

Public Law 104-446 provided for discontinuing the approvals of
nonaccredited correspondence schools after February 2, 1995. Benefit
payments to VA students enrolled before that date were continued. The
provisions of approval of nonaccredited correspondence schools contained
in paragraph 2.04 remained in effect until these VA students completed
or otherwise terminated their enrollment and the approval was no longer
an issue.

**4.02 PERCENTAGE OF STUDENTS COMPLETING CORRESPONDENCE COURSES**

**a. General.** Public Law 103-446 added a completion requirement. For
original or revised approvals effective after February 2, 1995, the SAA
(State Approving Agencies) must verify that 50 percent or more of the
students who completed a correspondence course required a minimum of 6
months.

**b. Records.** Correspondence schools must maintain the necessary
records for the SAA to verify that 50 percent or more of the students
who completed the course required a minimum of 6 months.

**c. Certification and Period Covered.** Correspondence schools must
certify that at least 50 percent of the students pursuing a
correspondence program or the correspondence portion of a combined
correspondence--residence course require more than 6 months to complete
it. The period covered by the certification must be the 6 months
immediately preceding the request for approval of the program or course.

**d. Single Course or a Series of Courses.** A correspondence program
may consist of a single course. Or, a program may be a series of
correspondence courses if the school can show that students normally
pursue a series of courses sequentially leading to a single objective.
All the courses may be combined to determine if the 6 month completion
time requirement is met. For example, Courses A, B, and C are normally
taken sequentially. The school's records show that 50 percent of the
students completing course A required 3 month to complete, 50 percent of
the students completing course B required 1 month, and 50 percent of the
students completing course C required 2 months. All the courses may be
approved as part of the program because 50 percent of the students
completing the whole program required 6 months.

**4.03 ENROLLMENT AGREEMENTS**

**a. General.** To maintain their approvals, correspondence schools must
complete enrollment agreements that fully disclose the obligations of
both the schools and students. These agreements shall include, in a
prominent display the conditions for affirmation, termination, refund,
and payment of VA education allowance.

**b. Disposition.** Copies of these agreements shall be given to all VA
students after they are signed.

**c. Affirmation of Enrollment.** The agreements will not be effective
unless VA students sign and submit to VA written statements (with signed
copies to the schools) specifically affirming the agreements. VA
students must sign and submit the affirmations no earlier than 10
calendar days after they signed the agreements. (See pt. IV, par. 2.15.)

**d. Refunds.** If VA students notify schools of their intention not to
affirm the agreements, the schools are required to promptly refund in
full any advance fees paid to the schools.

**4.04 REFUND POLICIES**

**a. Minimum Requirements.** If VA students terminate affirmed
enrollments in accredited courses, charges or refunds will be computed
according to the following schedule:

\(1\) If no lessons have been completed, a registration fee not in
excess of 10 percent of the tuition for the course or \$50.00, whichever
is lesser, may be charged.

\(2\) If the termination occurs after completion of less than 25 percent
of the lessons, the school may retain the registration fee plus 25
percent of the tuition for the course.

\(3\) If the termination occurs after completion of more than 25 percent
but less than 50 percent of the lessons, the school may retain the
registration fee plus 50 percent of the tuition for the course.

\(4\) If the termination occurs after completion of more than 50 percent
of the lessons, no refund is required..

**b. More Liberal Policies.** If schools have or adopt refund policies
that are more favorable to VA students than those shown above, then the
school policies will be applicable.

**c. Time Limit.** Any refund due must be made within 40 days of receipt
of termination to be considered timely.

**4.05 COMBINATION CORRESPONDENCE --- RESIDENCE PROGRAMS**

**a. Conditions.** VA students may pursue programs of education partly
in residence and partly by correspondence under the following
conditions:

\(1\) The correspondence and residence portions are pursued
sequentially.

\(2\) The schools permit students to pursue part of the courses by
correspondence in partial fulfillment of the requirements for the
attainment of the specified objectives.

\(3\) The total credit established by correspondence does not exceed the
maximum credit that the schools will grant toward the specified
objective.

**b. Certification.** Schools must certify to VA that they meet all
requirements of law, including 38 U.S.C. 3680(a) and 3686.

**c. Approval of Combination Correspondence--Residence Programs**

\(1\) The SAA may approve combined programs if the correspondence and
residence portions are pursued sequentially and the credit earned during
the correspondence portion does not exceed the maximum hours required
for the completion of the program.

\(2\) The SAA may not combine correspondence--resident courses into
programs. However, the SAA may combine the correspondence and residence
portions when computing the 6 month completion requirement.

**4.06 MAINTAINING APPROVAL DATA**

The ELR (Education Liaison Representative) of jurisdiction is determined
by the physical location of the school. The ELR will assign the facility
code and add and maintain the approval record in OLAF (On-Line Approval
File).

**4.07 INQUIRIES ON CORRESPONDENCE APPROVALS**

Inquiries relating to the approval of correspondence courses that cannot
be answered after reviewing the OLAF record will be referred to the ELR
with jurisdiction of the school.

**SUBCHAPTER II. SPECIFIC CRITERIA FOR FLIGHT SCHOOLS**

**4.08 FEDERAL AVIATION ADMINISTRATION**

**a. The Role of the FAA.** The FAA (Federal Aviation Administration)
has FSDOs (Flight Standard District Offices) that administer flight
training regulations. The FAA regulations are divided into separate
parts that address different aspects of flight training. The SAA may not
approve flight training courses unless they are approved by FSDOs under
FAR (Federal Aviation Regulations) part 141 or 142 except for flight
engineer courses. Flight engineer courses must be approved by FSDOs
under FAR part 63. The SAA may not approve courses approved by FSDOs
under FAR part 61.

*NOTE: ELRs should establish a contact point with each FSDO responsible
for approving flight schools in their jurisdiction. The Operations
Branch can answer technical questions about flight training. ELRs should
obtain copies of parts 61, 63, 141, and 142, from their local FSDO and
become familiar with the FAA\'s approval requirements. The FAA\'s
minimum requirements are in the appendices to parts 61, 63, 141, and
142.*

**b. Certification.** A flight school submits a TCO (Training Course
Outline) and syllabus to the FSDO for each course they desire to have
approved. The TCO specifies training sites, aircraft, the Chief Flight
Instructor, the Assistant Chief Flight Instructor, and the airports used
during cross country flights. The syllabus contains detailed information
about the course. It contains the hours for each component of the course
and the total hours of dual, solo, and ground training. If course
outline, syllabus, and flight school meet the requirements of part 141,
the FSDO issues a provisional pilot school certificate listing the
courses approved under part 141.

\(1\) The holder of a provisional certificate may apply for a
non-provisional certificate not later than 30 days before the
provisional certificate expires.

\(2\) A provisional certificate may not be renewed. If an application
for a non-provisional certificate is not approved by the FSDO, the
holder of a provisional certificate may not re-apply for a provisional
certificate until 180 days after the expiration of the current
provisional certificate.

\(3\) FSDOs do not issue a non-provisional certificate until:

\(a\) Twenty four (24) months have passed.

\(b\) The flight school has trained at least 10 applicants and
recommended those applicants for pilot certificates and ratings.

\(c\) At least 8 of the 10 most recent graduates tested by FAA
inspectors or designated pilot examiners passed the required tests on
the first attempt.

\(4\) The flight school must renew their non-provisional certificate
every 24 months.

**c. Training Course Outline and Syllabus.** The TCO and syllabus
submitted to the FSDOs must have the minimum number of hours of training
required by part 141 and must specify the number of hours.

\(1\) Flight Instruction. Flight instruction may consist of dual and
solo training. The course approval will show the breakdown between dual
and solo flight training. Dual flight training refers to 2 people, the
instructor and the student, participating in the flight of an aircraft.
The student flies the aircraft while the instructor provides the
training. Solo flight training refers to one person, the student, flying
by himself or herself, thereby gaining first hand experience.

\(2\) Preflight Briefings and Post-flight Critiques. The approval may
include preflight briefings and post-flight critiques although the FAA
does not require them. \"Ground training\" as used in the FAA
regulations refers to ground school. The FAA encourages flight schools
and training centers to include preflight briefings and post-flight
critiques in all courses.

\(3\) Ground School. Ground school (or ground training) prepares a
student to take the FAA written examination. Ground school is an
essential part of the course.

\(a\) Ground school may consist of units using audiovisual equipment,
personal computers, quizzes, and examinations. Unit instruction is
acceptable if the SAA or the ELR acting as the SAA sets clear boundaries
for its use. Ground school must be in residence and under the direction
and supervision of qualified instructors. It must provide for
interaction between the instructor and the student. The use of
audiovisual equipment and personal computers may reduce lecture time. A
statement that an instructor is available for questions does
[not]{.underline} meet the requirement that instruction must be \"in
residence\" and under the direction and supervision of a qualified
instructor.

*NOTE: In ground training programs that consist of unit courses, the
students may take varying lengths of time to complete each unit,
Approvals may show cost per unit rather than cost per hour.*

\(b\) The FAA permits a student to take a written examination before
completing the ground school portion of a course. If a student passes
the written examination before starting a course, the flight school or
training center should credit the student with 50 percent or more of the
required ground school hours in the course. If the student completed
ground school training at a certificated flight school before enrolling
in the current flight course, the school or training center should give
the student full credit for the previous training. If a student passes
the written examination during ground school training, the flight school
or training center should shorten the ground school portion by granting
credit. FAR 141.77 requires that a student complete all the course
requirements to graduate. Even after a student passes the FAA written
examination, VA may pay benefits for the hours of ground school needed
to complete the course requirements.

\(c\) The FAA permits a flight school or training center with examining
authority to grant credit for training completed at another flight
school or training center. The previous regulation required that the
student had to take the entire course in order for the flight school or
training center to recommend the student for the issuance of a
certificate without the student having to take the FAA written and
practical examinations.

\(d\) VA may not pay for individual tutoring at a rate higher than the
rate approved for group instruction.

*NOTE: Flight schools and flight training use terms that may not be
familiar to ELRs or may be used with other types of training. Appendix A
contains a listing of terms unique to flight schools and flight
training, and their definitions.*

**4.09 APPROVAL REQUIREMENTS**

Vocational flight courses may be approved only if they are offered by
flight schools or flight training centers approved by the FAA.

**a. Flight Schools.** A flight school must have a pilot school or
provisional pilot school certificate issued by the FAA under part 141
specifying each course the school is approved to offer. A flight school
may be approved by the FAA to offer a flight engineer course under part
63. A flight school approved by the FAA under part 61 may not be
approved for VA purposes. Consequently, military aero clubs, air
carriers, or IHLs (Institutions of Higher Learning) with proper
certificates may be considered as flight schools for VA purposes.

**b. Flight Training Centers.** A flight training center or air carrier
desiring to use flight simulators or flight training devices for more
hours than allowed by part 141 must request a special approval from the
FAA. Before August 1, 1996, a flight training center or carrier had to
have a grant of exemption issued under part 61. Effective August 1,
1996, a flight training center or carrier must have a training center
certificate and training specification document issued under part 142.

**c. SAA Responsibility.** The SAA is responsible for approving flight
schools in its jurisdiction. This does not include aero clubs
established, formed and operated under authority of service department
regulations as a non-appropriated sundry fund activity. Aero clubs are
instruments of the federal government. Approval of courses offered under
the auspices of the federal government is the responsibility of VA. (See
par. 5.08.) The ELR serves as the approving agency for flight schools if
the state declines or fails to designate an SAA or the Director,
Education Service, determines that the SAA cannot adequately fulfill the
requirements for program approvals. Appendix B contains the procedures
for the ELR to function as the SAA for approval of flight schools.

**d. Standard College Degree Programs.** Courses of flight training
leading to standard college degrees may be approved even though the IHL
offering the degree is not a flight school or flight training center as
defined above. Though private pilot training may be included in the
approval of such degree programs, the courses themselves are subject to
the provisions of 38 CFR 21.4253 or 21.4254. (See

pt. IV, par. 2.10.)

**e. Exclusion.** Except for the provision cited in subparagraph d
above, private pilot, student pilot, recreational pilot, and test
courses may [not]{.underline} be approved by the SAA.

**4.10 APPROVAL PACKAGES**

**a. General.** A flight approval should show the maximum number of
hours of dual and solo flight training, preflight briefings, post-flight
critiques, and ground school. If the state or local government taxes
flight training, the approval should include the taxes. The SAA or the
ELR acting as the SAA may approve upper and lower limits for hourly
rates for aircraft to avoid having to frequently revise the approval.
The approval should show the upper limits for hourly rates for aircraft.
The approval must show the type of aircraft, horsepower, dual and solo
rates, and the courses the aircraft may be used for. It is not necessary
to list the tail numbers of each approved aircraft.

**b. Complete Programs.** Flight schools and training centers must offer
complete programs, including ground school. It is not necessary for VA
students to be entitled to benefits for [all]{.underline} the training.
For example, a flight school or training center may offer an
audiovisual, home study, or personal computer ground school program. If
the FSDO approved the arrangement, the ELR may accept the approval even
though VA students may not receive benefits for the audiovisual, home
study, or personal computer course. The ELR must send a letter notifying
the flight school or training center that VA students must complete all
the requirements for the course but that charges for the audiovisual,
home study, or personal computer courses may not be approved by VA and
are not reimbursable.

**c. Contracting.** Flight schools and training centers may contract out
portions of the training. The flight schools or training centers
providing the actual training must be approved. The SAA or the ELR
acting as the SAA should provide copies of contracts with the approval.

*NOTE: If flight school and training centers contract out portions of
the training, both the flight schools or training centers and the
contractors must be approved. Both the flight schools or training
centers and the contractors must meet the 2-year rule. If the contractor
is not in the same state as the flight school or training center, they
must be approved as a separate facility [and]{.underline} meet the
2-year rule.*

**d. Standards of Progress.** Flight schools and training centers must
have approved standards of progress based upon a minimum number of hours
of training in a given period. The standards of progress do not have to
specify the type of hours, for example, dual or solo flight training,
preflight briefings and post-flight critiques, or ground school. Flight
schools and training centers must terminate students who fail to meet
the standards of progress. The standards of progress must be compatible
with the overall length of the course and the average completion time.
For example, a standard that requires 15 hours of training every 90 days
would be acceptable for a commercial pilot course, but not for a type
rating course that is normally completed in 3 weeks.

**e. Two-Year Rule**

\(1\) Flight schools and training centers may use part 61 advanced
flight training to establish proof of continuous operation to meet the
2-year rule for approval. Flight schools and training centers must have
offered advanced flight courses, i.e., a commercial pilot certification
course and above. To establish continuous operation, the records must
show at least one hour of advanced training during each 90-day period
for the 2 years before the effective date of approval.

\(2\) The satellite bases or satellite training centers of flight
schools or training centers are branches for purposes of the 2-year
rule. Under the revised regulations, branches must meet the 2-year rule.

*NOTE: Even though VA will not authorize benefits for flight training
under part 61, the SAA may use part 61 training to determine if schools
have been continuously operating for 2 years.*

**4.11 SPECIFIC FLIGHT SCHOOL REQUIREMENTS**

**a. Records.** Flight schools must maintain adequate systems of
records. At a minimum, this should include:

\(1\) A copy of the private pilot\'s license of each VA student.

\(2\) Evidence that each VA student has completed any previous training
that may be a prerequisite for the course.

\(3\) A copy of the appropriate medical certificate for the course being
pursued by each VA student. Additionally, flight schools must maintain
copies of all medical certificates (expired or otherwise) needed to
support all periods of training at the school.

*NOTE 1: FAA regulations require only that students qualify for the
appropriate medical certificates before the issuance of the objective
licenses. VA regulations require that VA students possess the
appropriate medical certificates before entering training and
continuously while in training. VA students cannot receive benefits for
training completed without the prescribed medical certifications.
Benefits cannot be paid retroactively.*

*NOTE 2: Public Law 105-368, the Veterans Programs Enhancement Act of
1998, amended the medical certificate requirements for vocational flight
training courses beginning on or after October 1, 1998. VA students must
still possess the appropriate medical certificates [before]{.underline}
entering training courses. However, the requirement to continue to have
the appropriate medical certificates while pursuing training has been
eliminated.*

\(4\) A copy of the daily flight log for each VA student.

\(5\) A copy of the permanent ground school record for each VA student.

\(6\) A progress log for each VA student.

\(7\) An invoice of flight charges for individual flights.

\(8\) Daily flight sheets identifying records upon which the 85-15
percent ratio may be computed.

\(9\) A continuous hour meter record for each aircraft.

\(10\) Invoice or flight tickets signed by the student and instructor
showing hour meter reading, type of aircraft and aircraft identification
number.

\(11\) An accounts receivable ledger.

(l2) Individual instructor records.

\(13\) Engine log books.

\(14\) A record for each student above the private pilot level stating
the name of the course in which the student is enrolled and indicating
whether the student is enrolled under part 61, 63, 141, or 142.

\(15\) Records of tuition and accounts that show the tuition charged and
received from all students.

**b. Credit for Previous Training.** Flight schools must grant
appropriate credit for all previous training and shorten the student\'s
current flight course proportionately. (See pt. IV, par. 2.06.)

*NOTE: Although the law does not define \"appropriate credit\", a
pattern of not granting adequate credit is a violation of 38 U.S.C. 3675
(b) or 3676 (c)(4). Consistent abuse in this respect is a matter for
referral to the appropriate SAA.*

**c. Maximum Hours**

\(1\) The FAA does not establish maximum hours of flight and ground
training for courses.

\(a\) For VA purposes, the maximum number of dual flight training hours
that may be approved is 120 percent of the FAA\'s minimum hourly
requirement. A flight school or training center must submit a
FSDO-approved TCO and syllabus or a training specification document for
each course they want approved. The approval may not be for more hours
than the FSDO-approved TCO or training specification document. If the
FSDO-approved TCO and syllabus or training specification document is for
more than 120 percent of the FAA minimums, the SAA or the ELR acting as
the SAA will restrict the approval to 120 percent, unless the Director,
Education Service, grants a waiver. (See subparagraph f below.) (See
Appendix C for minimum and maximum hours for courses in the part 141
appendices. See Appendix D for examples of course approvals involving
the FAA minimum and VA maximum hours.)

\(b\) The maximum hours for solo flight training in the commercial pilot
certification course is the minimum number of hours required by the FAA
with one exception. The number of hours of solo flight training may be
increased so that the total dual and solo hours equals the minimum
flight training hours required for the certificate. (See Appendix C for
additional information.)

\(c\) The maximum hours for ground school may not exceed the number of
hours contained in the FSDO-approved TCO and syllabus or training
specification document.

\(d\) The maximum hours for preflight briefings and post-flight
critiques may not exceed 25 percent of the total hours of flight
training.

\(2\) The FAA has established maximum hours for flight training
conducted in flight simulators and flight training devices for some
courses. The maximum number of hours of dual flight training in a flight
simulator or flight training device that may be approved is the maximum
number of hours of instruction permitted by part 61 for a course when:

\(a\) The course is offered entirely or partially by flight simulator or
flight training device by a flight training center with a part 142
training center certificate; and

\(b\) Part 61 contains a maximum number of hours of instruction by
flight simulator or flight training device for the course.

\(3\) If the course is offered entirely or partially by flight simulator
or flight training device and part 61 does not specify a maximum number
of hours, the SAA or the ELR acting as the SAA will restrict the number
of hours in the course to the number in the training specification
document. See Appendix E for a comparison of the differences between
parts 141 and 142 for hours in flight simulators and flight training
devices.

**d. Minimum Hours.** Part 141 appendices prescribe the minimum hourly
requirements for flight courses. Part 141 revised allows a flight school
or training center to develop a course that will get students to their
objectives without regard to the number of hours in the appendices. The
SAA or the ELR acting as the SAA may approve a course with less than the
minimum number of hours in the appendices.

**e. Less than the** **Minimum Hours.** A flight school or training
center with examining authority may be approved to offer a course with
less than the minimum number of hours specified in the appendices. The
flight school or training center will develop a course that will get
students to their objectives. This may result in a flight school or
training center customizing its courses for their students. A flight
school or a training center has the option of requesting approval of
courses that meet the minimum requirements in the appendices and
certifying students for fewer hours, or requesting approval of courses
with fewer than the minimum requirements.

**f. Waivers.** A flight school or training center may have a
FSDO-approved TCO and syllabus for more hours of dual flight training
than permitted by subparagraph c(1) above. The school or center may
request an administrative review by the Director, Education Service. The
school or center must submit a written request to the RPO (Regional
Processing Office) Director stating the reason(s) why the additional
hours should be approved and including any evidence supporting the
additional hours. The CELO (Chief Education Liaison Officer) should
review the request. If the SAA approved the course, the CELO should send
a copy of the letter asking the SAA to review the letter and provide
comments within 30 days. The CELO should send a copy of the letter to
the ELR who processed the approval and ask the ELR to provide comments
within 30 days. The complete package consisting of the request, the
SAA's comments, the ELR's comments, and the CELO's comments should be
sent to the Director, Education Service for a decision.

**g. Charges.** The SAA will approve charges for aircraft rentals,
ground school, and instructor fees for each course.

\(1\) Approved charges must be based on charges to similarly
circumstanced non-VA students.

\(2\) Charges for books, supplies and lodging associated with flight
training may not be included in approved reimbursable charges.

\(3\) VA students or groups of VA and non-VA students may own an
airplane, lease it to the flight school, and have exclusive use of the
aircraft for flight training. The aircraft must meet the requirements
prescribed for other aircraft used in the course. This leasing
arrangement should not result in the charges for the students owning the
aircraft being greater than charges to other students not involved in
such leasing arrangements.

\(4\) If flight club membership entitles VA students to training at less
than the standard rates, educational benefits will be based on the
reduced rates. Any club entrance fees are not reimbursable since the
fees are not for flight training.

**h. Substitution of Aircraft.** Except for minor variations, VA
students may only train in the specific aircraft approved for the
course. If an aircraft is not available to VA students for a compelling
reason, a substitute aircraft may be utilized provided it meets the
training requirements for the approved course.

\(1\) All substitutions should be explained in the remarks section of VA
Forms 22-6553c, Monthly Certification of Flight Training, or 22-6553c-1,
Monthly Certification of Flight Training (electronic version).

\(2\) If the charges for the substitute aircraft are different than
those for the approved aircraft, reimbursement will be based on the
lesser charge.

\(3\) If substitutions become prevalent, VA may suspend payments to VA
students and refer the matter to the SAA.

**i. 85-15 Percent Ratio.** The 85-15 percent ratio requirement in 38
CFR 21.4201 must be met by flight courses before the enrollments or
reenrollments of VA students may be approved. The ratio may be
calculated using VA student hours versus non-VA student hours over the
30 day period before the VA student enrolls rather than on a comparison
of the number of VA students enrolled versus the number of non-VA
students. (See pt. X, par. 4.32.)

**j. Flight Tests.** Additional hours for FAA check rides may not be
approved [unless]{.underline} the FAA requires that a licensed pilot be
present during the flight test. This does not include the final \"stage
check\" with the chief flight instructor, if the final check is included
in the TCO, syllabus, or training specification document.

**4.12 TYPES OF INDIVIDUAL COURSES**

**a. Private Pilot or Recreational Certificates.** VA benefits may
[not]{.underline} be authorized for private pilot or recreational
certificate courses because the objective is considered to be
avocational.

**b. Commercial Pilot Courses**

\(1\) Categories. Commercial pilot certificates may be obtained in the
following eight categories: airplane single-engine; airplane
multiengine; rotorcraft-helicopter; rotorcraft gyroplane; powered-lift;
glider; lighter-than-air airship; and lighter-than-air balloon. Flight
schools and training centers may be approved to offer multiple
commercial pilot certification courses.

\(2\) Flight Hours

\(a\) A commercial pilot certification course for an airplane, single or
multiengine, or a powered lift requires a minimum of 120 hours of flight
training. It requires a minimum of 55 hours of flight training from a
certificated flight instructor and a minimum of 10 hours of solo flight
training. An approval may contain a maximum of 65 hours of solo flight
training.

\(b\) The 120 percent rule only applies to dual hours. It cannot be
applied to the total number of hours of flight training. Therefore, the
maximum number of dual hours of flight training from a certificated
flight instructor cannot exceed 66 hours. With a maximum of 65 hours of
solo flight training, a commercial pilot certification course for an
airplane, single or multiengine, or a powered lift could contain a
maximum of 131 hours of flight training. See Appendix C for the minimum
and maximum number of hours of dual, solo, ground training, and
preflight briefings and post-flight critiques for the other categories.

**c. Instrument Rating.** This rating is required to fly at night,
during certain types of weather, and for certain cross country
conditions. This course must be pursued concurrently with the commercial
pilot course. (See par. 4.15 below.)

**d. Multiengine.** This rating is required to fly multiengine aircraft.

**e. Instructor.** This rating is required to teach flight training.
Students may go on to pursue instructor courses that qualify them to
teach the instrument phase of the commercial pilot course or instrument
ratings. Students may also pursue instructor courses to teach in
multiengine aircraft and rotorcraft (i.e., helicopters).

**f. Ground Instructor Courses.** Ground instructor training was
previously contained in part 143. The regulation is now in part 141
revised. Effective August 4, 1997, ground instructor courses may be
approved. Students do not have to have private pilot certificates or
second class medical certificates to receive benefits for ground
instructor courses.

**g. Flight Engineer Courses.** Flight engineer courses are approved
under part 63. The FAA has only one flight engineer certificate. The FAA
will issue endorsements to the certificate for the aircraft on which the
engineer is qualified to serve. A student may receive benefits for
additional add-on training for an endorsement even if the student has a
flight engineer certificate. The flight school does not have to be
approved to offer the additional add-on training. The flight school must
be approved to offer the flight engineer course.

**h. Airline Transport Pilot.** This rating is required for pilots in
command of turbojets with a passenger seating capacity of more than 10
and for any multiengine aircraft in commuter airline operations. It is
also required for pilots of helicopters engaged in interstate air
transportation within the 48 states. Students must have completed 1,500
hours of flight time in command of aircraft before enrolling in this
course. (For additional information on the requirements for an airline
transport pilot certificate, see 14 CFR Part 61, subpart G.)

**i. Optional Ratings.** Educational benefits may be paid for glider,
free balloon, and aerobatics flight training leading to vocational
objectives. When VA students wish to add one of these ratings to a
commercial pilot\'s certificate, they must establish that the purpose of
taking the course is vocational rather than recreational or avocational.
Evidence submitted by the student may include, but is not limited to
statements from the flight school or from prospective employers. (See
pt. IV, subpar. 2.05c for additional information.)

**4.13 FLIGHT TRAINING CENTERS**

**a. General.** The FAA approves flight training centers and air
carriers for aircraft type rating and flight engineer courses. Before
August 1, 1996, a flight training center or air carrier was issued a
grant of exemption under part 61. The grant allowed the flight training
center or air carrier to use flight simulators or flight training
devices for large portions of the training. The flight training center
or air carrier could contract with airlines to provide the training. The
actual flight training may have occurred at locations other than the
permanent location of the flight training center or air carrier. The
flight training center or air carriers may not have specified the exact
aircraft. They should provide the make and model, for example, a Boeing
727 or a McDonnell Douglas DC-9. The flight training center or air
carrier must maintain the training records at its permanent address.

**b. Part 141 and 142 Certificates.** Effective August 1, 1996, a flight
training center or air carrier may hold a part 141 air agency
certificate or a part 142 training center certificate. They must hold a
training center certificate if the hours of training in flight simulator
or flight training device is greater than the maximum amount allowed
under part 141 revised. The flight training center may be approved to
offer courses other than aircraft type ratings and flight engineer
courses. The FAA will specify the courses the flight training center is
approved to offer in the training specification document.

**c. Location of Training.** For VA purposes, training in flight
simulator or training devices is flight training. It may be pursued at
any location within the United States. The grant of exemption and the
training center certificate should list each location. Each location
should be identified in the approval. For VA purposes, ground school is
resident training included in a program of vocational flight training.
It may only be approved when offered at approved locations.

**d. Minimum Length and 120 Percent Rule.** Since the grant of exemption
allowed the flight training center or air carrier to operate without
meeting the part 141 provisions, the minimum course lengths contained in
the part 141 appendices did not apply to their courses. The 120 percent
rule for determining the maximum length of courses does not apply to
courses offered by a flight training center or air carrier operating
under a training center certificate. The SAA and ELR can accept the
number of hours approved by the FAA for these courses.

**e. Training Center Certificates.** Effective August 1, 1996, the FAA
stopped issuing grants of exemption. A flight training center or air
carrier that meets the qualifications in part 142 is issued a training
center certificate and a training specification document.

\(1\) The training center certificate is issued by the FAA if the flight
training center or air carrier show they have adequate facilities,
equipment, and personnel to offer the requested courses.

\(2\) The training specification document is issued by the FAA. It
describes the training programs, checking and testing authorizations,
and any limitations imposed by the FAA. It specifies the requirements
for the training programs approved by the FAA. Satellite training
centers in the United States must be approved by the FAA and listed on
the training specification document.

**f. Contracting.** Part 141 flight schools may contract out all or part
of its training to part 142 training centers. Likewise, part 142
training centers may contract out all or part of its training to part
141 flight schools. VA regulations governing contractual relationships
are applicable in these cases.

**g. Foreign Training Centers.** Part 142 allows foreign flight training
centers to qualify for training certificates. However, VA regulations
prohibit payment of education benefits for vocational flight training
pursued outside the United States. Foreign training centers may be
approved to offer courses within the United States if they meet all the
approval requirements and the 2-year rule.

**4.14 FLIGHT SIMULATORS AND FLIGHT TRAINING DEVICES**

A flight school or a flight training center may include training in
flight simulators and flight training devices if they are representative
of the aircraft for which the course is approved and the training is
given by a flight instructor. For reporting purposes, the hours of
training in flight simulators and flight training devices are dual
instruction. On VA Forms 22-1999, Enrollment Certification, and
22-1999-4, Enrollment Certification -- Flight Training (electronic
version), school officials should include the hours of training in
flight simulators and flight training devices in the number of hours of
dual training in the current course. On VA Forms 22-6553c and
22-6553c-1, school officials should show the hours of training in flight
simulators and flight training devices as dual instruction.

**4.15 CONCURRENT ENROLLMENT**

**a. Restriction.** The only time VA students may receive benefits for a
concurrent enrollment in vocational flight training is when they are
pursing the commercial pilot certification airplane single-engine,
airplane multiengine, helicopter, or powered-lift and instrument rating
courses. Adjudicators will deny benefits for concurrent enrollments in
other flight courses.

**b. Enrollment Certifications.** The flight school or flight training
center must submit 2 enrollment certifications, one for the commercial
pilot certification course and one for the instrument rating course.

**c. Award Processing.** If the information on the enrollment
certifications agrees with the information in the OLAF record for the
flight school or training center, the adjudicator should combine the
information on the enrollment certifications and enter one award. The
adjudicator must add the entries in the dual, ground, preflight
briefings and post-flight critiques, and total charges fields on the 2
enrollment certifications. The instrument course may not contain any
solo flight training. The adjudicator should use the solo hours on the
enrollment certification for the commercial pilot certification course.
The adjudicator should use course code 341 to identify concurrent
enrollments.

EXAMPLE: A student enrolls concurrently in a commercial pilot
certification course and an instrument rating course. The flight school
submits 2 enrollment certifications. The enrollment certification for
the commercial pilot certification course shows 55 hours of dual, 65
hours of solo, 35 hours of ground, 30 hours of preflight briefings and
post-flight critiques, and total charges of \$21,916.00. The enrollment
certification for the instrument rating course shows 35 hours of dual,
30 hours of ground, 8.75 hours of preflight briefings and post-flight
critiques, and total charges of \$7,529.50. The information should be
combined to show that the student is authorized to pursue 90 hours of
dual flight training, 65 hours of solo flight training, 65 hours of
ground training, and 38.75 hours of preflight briefings and post-flight
critiques, with total charges not to exceed \$29,445.50.

**d. Monthly Certifications of Flight Training.** The flight school or
training center must submit monthly certifications for both courses
[if]{.underline} students completed training under both courses during
the period. The forms should be securely fastened together to expedite
processing. If a student only trained in one course during the period to
be certified, the school official should show in the Remarks section of
the monthly certification that no training occurred in the other course
during the period. For example, if a student only trained in the
commercial pilot certification course during a month, the school
official should enter "No training in Instrument Rating Course" in the
Remarks.

**e. Monthly Certification Processing.** Upon receipt of monthly
certifications of flight training, the VCE (Veterans Claims Examiner)
processing the forms must compare the information on the forms with the
information in the OLAF record for the flight school or training center.
If the information on the certifications agrees with the information in
OLAF, the VCE should combine the information on the forms and do one
monthly certification transaction.

**f. Chapter 30 PC (Personal Computer) Program.** The chapter 30 PC
program is limited to 3 sets of hours and rates for dual, solo, ground,
preflight briefings and post-flight critiques, and other training. If a
student completes training in both courses during the period being
certified, it is possible that the monthly certifications will have more
than 3 entries in one or more categories. If that occurs, the VCE will
need to enter 2 separate transactions. The first step is to divide the
period certified in half and enter the information from one
certification in the first half of the period and the information for
the second certification in the second half of the period. Whenever this
occurs, the VCE must send a dictated letter to the student explaining
that he or she will receive 2 checks for training completed during the
month.

EXAMPLE: A student completes training in both courses during September.
The certification form for the commercial pilot certification course
shows that the student completed dual training in 2 aircraft. In the
first aircraft, the student completed 3.3 hours at \$81.50 per hour. In
the second aircraft, the student completed 2.1 hours at \$105.25 per
hour. The certification form for the instrument rating course shows that
the student completed dual training in 2 aircraft. In the first
aircraft, the student completed 1.6 hours at \$86.50 per hour. In the
second aircraft, the student completed 1.1 hours at \$110.75 per hour.
After checking the OLAF records for approved aircraft and hourly rates,
the employee should enter the information from the first certification
using a beginning date of September 1st and an ending date of September
15th. The information from the second certification should be entered
using a beginning date of September 16th and an ending date of September
30th.

**4.16 VACERT FOR WINDOWS**

**a. General.** A flight school or training center may use the Windows
version of VACERT, the electronic education certification program, to
generate VA Forms 22-1999-4 and 22-6553c-1. The flight school or
training center may electronically send enrollment certifications to the
RPOs. However, the monthly certification forms must be printed, signed
by the student and the school's certifying official, and mailed to the
RPOs.

**b. Registration Screen.** The registration screen contains general
information about a student including VA file number, name, Social
Security number, address, type of training, and the name of the current
program. The information is used to complete the common fields on the
enrollment certification and the monthly certification of flight
training.

**c. Enrollment Certification.** The fields for an enrollment
certification for a vocational flight training course are on one screen.
System edits ensure that school officials complete the required fields.
The school's certifying official has the option of printing the forms
and mailing them to the RPOs or electronically transmitting them if the
flight school or training center has a modem. The information on the
enrollment certification is used to complete the corresponding fields on
the monthly certification form.

**d. Monthly Certification of Flight Training.** The monthly
certifications require 2 screens. The first screen contains general
information while the second screen contains a detailed breakdown of the
training conducted during the period being certified. If the school
official completes the enrollment certification, the fields for the name
of the current course and the maximum number of dual, solo, preflight
briefings and post-flight critiques, ground, and other hours are
completed. The program tracks the hours completed to date in the 5
categories of training and alerts the school official if a student
exceeds the maximum hours. The program compares the last entry in the
total cost to the student field with the entry in the total charges
field on the student's enrollment certification and alerts the school
official if the total cost to the student exceeds the total charges. By
doing the required calculations, the Windows version of VACERT can
eliminate mathematical errors on the monthly certification forms.

**e. The DOS (Disk Operating System) Version of VACERT.** The DOS
version of VACERT will not be revised to generate enrollment
certifications and monthly certifications for flight training.

**SUBCHAPTER III. SPECIFIC CRITERIA FOR JOB TRAINING ESTABLISHMENTS**

**4.17 APPLICATIONS TO SAAs**

Businesses, JACs (Joint Apprenticeship Committees), JATCs (Joint
Apprenticeship Training Committees), unions, and other establishments
desiring approval of apprenticeships or other OJT (On-the-Job Training)
programs must make applications in a manner prescribed by the SAA with
jurisdiction of the area where the training is being provided or the
records are maintained. (See pars. 2.07 and 2.08.) SAAs will develop
application forms and procedures. Appendix F contains the procedures for
the ELR to function as the SAA for approval of apprenticeship and other
OJT programs.

**4.18 APPROVAL REQUIREMENTS FOR APPRENTICESHIP AND OJT PROGRAMS**

**a. Apprenticeship Programs.** The requirements for approval of
apprenticeship programs are shown below:

\(1\) The Standards of Apprenticeship published by the Secretary of
Labor in 29 U.S.C. 50a must be followed.

\(2\) Signed copies of the agreements for VA trainees including,
training programs and wage schedules as approved by the SAA, must be
provided by employers to the trainees, VA, and the SAA.

\(3\) Courses must meet other reasonable criteria established by the SAA
but within the parameters of the following guidelines:

\(a\) No additional criteria may have the effect of denying to VA
trainees the benefits intended for them by law.

\(b\) The SAA cannot arbitrarily refuse to recognize entities as proper
training establishments if employers, groups of employers, associations
or organizations, JACs, or JATCs are able to carry out all the functions
of training establishments and meet the published standards of the
Secretary of Labor.

\(c\) The SAA [cannot]{.underline} apply as additional criteria any
administrative rules of the state that:

[1]{.underline} Limit the number of approved sponsors in the same area
and serving the same trade or craft.

[2]{.underline} Require registration by the state or US DOL (Department
of Labor).

[3]{.underline} Require employers to be signatories to collective
bargaining agreements.

[4]{.underline} Require employers to be participating members of JACs or
JATCs.

[5]{.underline} Require that all training establishments agree to pay
prevailing wage rates predicated on a journeyman scale established by
agreement of some employers and unions.

\(d\) If the SAA belongs to a state apprenticeship council or other
state agency, they must separate their state functions from their
functions as the approving agency of programs for VA purposes.

\(4\) Apprenticeship training programs must be approved when the
criteria of the Federal law governing VA benefits for education and
training and other reasonable criteria are met. When state laws, rules,
or regulations conflict with the Federal laws, the Federal law applies.

**b. OJT Programs.** The requirements for approval of OJT programs are
shown below:

\(1\) The job objectives must be ones in which progression and
appointment to the next higher classification are based upon skills
learned through organized training on the job, and not on other factors
such as prior education or training, length of service, or normal
turnover.

\(2\) The training contents of the courses must be adequate to qualify
VA trainees for appointments to the jobs that they are being trained
for.

\(3\) The jobs must customarily require a period of training of not less
than 6 months and not more than 2 years of full time training.

\(4\) The length of training periods must not be longer than that
customarily required by other training establishments in the community
that provide VA trainees with the required skills, and arrange for
acquiring job knowledge, technical information, and other skills that VA
trainees will need to learn in order to become competent in the job for
which they are being trained.

\(5\) Provision must be made for related instruction for VA trainees who
may need it.

\(6\) The establishments must have adequate space, equipment,
instructional material, and qualified personnel to provide satisfactory
training on the job.

\(7\) Records must be kept to show the progress made by VA trainees
toward their job objectives, and periodic reports must show the conduct
and progress made in the course of training will be maintained.

\(8\) VA trainees must not be already qualified by training or
experience for the jobs.

\(9\) Training establishments must certify that the wages to be paid to
VA trainees upon entrance into training are not less than wages paid
non-VA trainees in the same training positions, and are at least 50
percent of the wages paid for the job they are training for.
Additionally, provisions must be made for wages to increase in regular
periodic increments until, not later than the last full month of
scheduled training, they will be at least 85 percent of the wages paid
for the jobs that VA trainees are being trained for.

*NOTE: Public Law 105-368 amended the trainee wage requirements
effective October 1, 1998. The requirement that wages must increase in
regular periodic increments (or steps) until reaching 85 percent in the
last full month of training does [not]{.underline} apply to programs
offered by Federal, state, and local governments.*

\(10\) Establishments must certify that there is reasonable certainty
that the jobs that VA trainees are training for will be available at the
end of the training periods.

\(11\) Signed copies of training agreements, including training programs
and wage scales as approved by the SAA, must be provided by employers to
trainees, to VA, and to the SAA.

\(12\) Training courses must meet other reasonable criteria established
by the SAA.

**4.19 DEFINITIONS - REGISTERED APPRENTICESHIP PROGRAMS**

**a. Apprenticeable Occupations.** Apprenticeable occupations are trades
recognized by the US DOL BAT (Bureau of Apprenticeship and Training).
They require at least 2,000 hours of on the job experience as well as
classroom instruction. The BAT allows instruction through correspondence
lessons when classroom instruction is not available.

**b. JACs.** JACs are committees composed of representatives of
employers and employees represented by bona fide collective bargaining
agents. Their purpose is to conduct, operate or administer
apprenticeship programs and enter into agreements with apprentices.

**c. Registration.** Registration is the acceptance and recording of
apprenticeship programs by the BAT or approval by recognized state
apprenticeship agencies. Programs must meet the basic standards and
requirements of the BAT for approval. Usually, the BAT or state agencies
issue certificates of registration.

**d. Related Instruction.** Related instruction is organized and
systematic instruction. The purpose is to provide apprentices with
theoretical and technical subjects related to the trade. It is usually
classroom instruction either at schools or places of employment. The BAT
may approve correspondence lessons or a similar substitute when
classroom instruction is not feasible.

**4.20 SPECIAL ISSUES - REGISTERED APPRENTICESHIP PROGRAMS**

**a. General.** The SAA can usually approve registered apprenticeship
programs. In satisfying the requirements for registration, the BAT or
state agencies may have already structured the programs, completed
training agreements, established wage schedules, etc. The SAA needs to
address the issues in subparagraphs b through h below concerning VA
requirements, if they exist.

**b. Training Out of State.** JACs, JATCs, or other apprenticeship
committees may assign trainees to locations in other states. The SAA
with jurisdiction of the area where the JACs are located is responsible
for approval of the programs. JACs are responsible for completing all
enrollment certifications and monthly certifications of hours worked.

**c. Credit for Prior Training.** Apprenticeship programs may require
trainees to request evaluations of previous training and experience.
However, certifying officials for approved apprenticeship programs must
evaluate previous training and experience for all VA trainees without
requests from the trainees. When credit is granted, programs must be
shortened proportionately.

**d. Periods of Reduced Operations.** VA may pay benefits to apprentices
whom JACs retain during periods of reduced operations. Apprentices must
be training under layoff training plans that meet the BAT\'s
requirements for such plans.

**e. Unions.** Apprenticeship programs do not have to be offered by
unions for the SAA to approve them.

**f. Temporary Deviations from Approved Wage Scales.** The BAT may allow
temporary deviations from approved wage scales. For example, employers
may find it necessary to stop increases in wages, i.e., freeze wages,
due to temporary economic conditions. As long as the BAT accepts the
freeze, the programs will continue to meet VA approval criteria.

**g. Length of Apprenticeship Programs.** The SAA will approve
apprenticeship programs for the same length as approved by the BAT, even
if trainees may be able to complete the total hours in a shorter period.
For example, the BAT approves an apprenticeship program for 42 months or
6000 hours. A trainee working 40 hours a week rather than 35 hours a
week would complete the program in less than 36 months. If the trainee
receives the journeyman wage after 6000 hours, VA would terminate
benefits on the date the trainee is promoted to the journeyman wage.

**h. Payment of VA Benefits to Owners or Officers of Apprenticeship or
OJT Programs.** VA may not authorize benefits to trainees who are owners
or officers of the establishments providing the training. VA may not
authorize benefits to trainees who are officers of apprenticeship
committees that oversee the training.

**4.21 SPECIAL ISSUES - UNREGISTERED APPRENTICESHIP PROGRAMS**

**a. Registration Not Required.** The SAA and ELRs should not challenge
employers' decisions not to seek BAT registration. The programs,
however, must be patterned after the training standards published by the
BAT for those particular trades.

**b. Approval Requirements.** The SAA and ELRs must determine that the
employer meets all the approval requirements as an apprenticeship. That
includes clear and concise training outlines, wage schedules,
arrangements for related instruction, and training agreements. The SAA
and ELRs must also determine that the employer is capable of meeting the
requirements in the training outline.

**c. Certificate of Completion.** Employers must agree to award
certificates of completion to trainees who complete the programs.

**4.22 SPECIAL ISSUES - OTHER OJT PROGRAMS**

**a. Training Program Outline.** A clear and concise training outline
helps ensure the value of an OJT program and is a required approval
criterion.  The SAA will assist with the development of training
outlines.  \[The SAA will use the Dictionary of Occupational Titles
(DOT) as well as the Occupational Informational Network (ONET)
(<http://online.onetcenter.org/find/>) when developing program
outlines.  (The ONET database has the most current information; the DOT
has not been updated since 1991.)  The outlines must include statements
showing: 

\(1\) The skills the employers require trainees to learn for proper job
performance.

\(2\) The processes and techniques that employers teach trainees for the
trainees to gain the necessary skills.  The SAA should require employers
to explain these in short, descriptive statements.

\(3\) The length of time trainees spend in each skill area.  Employers
must give the number of hours for each.

\(4\) Any related educational activities trainees should attend or
complete.  If the employer does not require related training, the
statement must indicate that fact.\]

**b. Related Instruction.** Provisions must exist for job related
instruction, if trainees need it.

**c. Length of Programs**

\(1\) Jobs must customarily require at least 6 months of training but
not more than 2 years of full-time (minimum of 30 hours per week)
training.

\(2\) The length of programs must not be longer than usually provided by
other training establishments in the community.

\(3\) The SAA will approve the first 6 to 24 months of longer programs,
if trainees can obtain entry level positions within the first 6 to 24
months. If a program is longer than 2 years and the SAA cannot identify
entry level positions for lesser amounts of training, the SAA will not
approve a part or parts of the program.

**d. Significant Training.** The SAA will not approve jobs that require
brief periods of experience to obtain and perform the jobs
satisfactorily. For example, automotive service station attendant, truck
driver, food service worker, salesperson, window washer, janitor,
unskilled laborer, and clerk, normally do not require significant
training, i.e., at least 6 months of training.

**e. Providing Copies of Training Agreements.** Establishments must
agree to give VA trainees signed copies of training agreements that
include training program outlines and the wage schedules.

**f. Adequate Records.** Establishments must agree to maintain adequate
records of the progress made by all VA trainees.

**g. Certificates of Completion.** Employers must issue certificates of
completion that identify the jobs for which the VA trainees completed
training.

**h. SAA Identification of Jobs.** The name of each program must
identify the job that the trainee will have immediately upon completion
of training. For example, for a trainee who will initially work as an
assistant manager before becoming a manager, the real objective of the
program is assistant manager rather than manager.

**i. Supervisory and Managerial Programs.** The SAA will not approve a
program for trainees unless it leads to an entry level position.
Supervisory positions are not normally entry level positions. The SAA
will examine each VA trainee\'s employment situation. The SAA will
determine that entry to the position is from a dissimilar occupation and
is not a progression from a lower entry level.

**j. OJT Normally Required for the Objective.** The SAA will not approve
a job training program for an objective when training is normally
conducted at schools. For example, a state may require practical
experience in accounting after the completion of a standard college
degree to become a licensed certified public accountant. The training in
this example is orientation rather than training in basic skills. The
SAA will not approve work to gain experience in OJT programs because
employees have already acquired the basic skills through academic
instruction.

**k. Jobs Requiring Licensing.** The SAA may approve a period of
employment after completion of an academic program, if it is required
for licensing and the employer closely supervises and reviews the
employee\'s work. The degree of supervision required by the state for
licensing is one factor to consider when determining if there is a real
training program. If state law permits or requires structured, closely
supervised training instead of, or along with, academic training, the
SAA may approve the program.

**l. Journeyman Wages.** Employers are not required to pay journeyman
wages upon completion of programs. However, if an employer promises full
journeyman wages and does not pay them, that employer may be engaging in
deceptive advertising in violation of 38 U.S.C. 3696. The SAA may
require payment of the journeyman wages as an approval criterion. VA
strongly endorses a philosophy that trainees in OJT programs receive the
journeyman wages immediately after completing the programs. However, due
to the wording of the law, VA cannot require it.

\(1\) Although title 38 does not require payment of the journeyman wage
rate, it must be established because the law does require payment of at
least 50 percent of the wage rate at the beginning of the program and at
least 85 percent of the wage rate during the last full month of
training.

\(2\) VA benefits may not be authorized for periods after trainees
receive journeyman wages. There is a direct relationship between the
wages received and the training status of employees. Receipt of
journeyman wages are evidence that trainees have reached the journeyman
level, even though the employees continue training. This includes all
companies and industries, including police and fire departments.

*NOTE: The requirement that wages must increase in regular periodic
increments (or steps) until reaching 85 percent in the last full month
of training does [not]{.underline} apply to programs offered by Federal,
state, and local governments effective October 1, 1998.*

**m. Superficial Increases.** Superficial increases in wages to meet
approval requirements are not the intent of the law. When Congress
included OJT training in chapter 34 of title 38, US Code, it wanted to
eliminate the abuses in job programs that occurred in previous GI bills.
Congress did not want VA education benefits to subsidize wages. Chapters
30 and 32 of title 38, US Code and chapter 1606 of title 10, US Code
continued these approval requirements. Congress intended for wages to
increase in regular increments to coincide with increases in job skills
gained through training. Employers must not base increases on factors
such as cost of living or longevity. Small increases along with one step
increase before the journeyman wage, meet the letter of the law but not
the spirit of the law.

**n. Decreases in Wages.** Wage decreases to meet approval requirements
are not permissible. The intent of the law is to provide financial
assistance during periods when trainees are receiving reduced salaries
while in training. Trainees who are being paid at the journeyman wage
rate, e.g., due to longevity or work performance in a different job, may
not accept reductions in wages to qualify for VA benefits.

**o. Commissions.** Sometimes employers base wages for either journeymen
or trainees, in whole or in part, on commissions, fees, or other
variables. If the SAA cannot determine whether the wage requirements of
the law are met, the program does not meet approval requirements. VA
trainees may not elect to receive a salary or a base salary instead of
commissions to meet approval requirements, if such an election is not
available to non-VA students. When wages are a base salary plus
commissions, the SAA will apply the principals described below for
incentive pay.

**p. Incentive Pay.**

\(1\) Generally, wages based on job rates, commissions, piecework rates,
or other variables prevent approval. These types of payment make it
impossible for training establishments to certify that the beginning
wages are 50 percent of the journeyman wages, that there is a least one
increment at least a month before trainees reach journeyman wages, and
that the final increment is at least 85 percent of the journeyman wages.
However, the SAA may approve wage scales that consist of base wages and
incentive pay if they meet the following conditions:

\(a\) The trainee entrance base rate is at least 50 percent of the
journeyman combined base and reasonable expected incentive rate.

\(b\) The trainee base rate is at least 85 percent of the journeyman
combined base and reasonable expected incentive rate not later than the
last full month of training.

\(2\) VA may not pay benefits if the base rate equals or exceeds the
journeyman base rate. Employers must identify the journeyman and trainee
base and reasonable expected incentive rates on training agreements.

*NOTE: The requirement that wages must increase in regular periodic
increments (or steps) until reaching 85 percent in the last full month
of training does [not]{.underline} apply to programs offered by Federal,
state, and local governments effective October 1, 1998.*

**q. Profit Sharing.** Participation in profit sharing is not a form of
ownership. Awarding cash or stock in a company as an incentive for high
productivity is permissible and is not an integral part of the wages.

**r. Deviations from the Approved Wage Scale.** Employers may find it
necessary to freeze wages for various reasons, e.g., temporary economic
conditions, and the SAA may approve temporary deviations from the
approved wage scale. Due to the potential for serious abuse by
employers, the SAA will fully document their approval of wage deviations
and advise the ELRs of the changes. If freezes or other deviations
continue for indefinite periods, the SAA may determine that they should
approve a change to lower wage scales.

**s. Credit for Prior Training.** Employers must evaluate prior training
and grant credit if appropriate. If state laws, regulations, or union
contracts prohibit wage increases based on credit for prior training,
the programs do not meet approval requirements.

**t. Rates of Payment with Credit for Prior Training and Reentrance into
Training.** When VA trainees receive credit for prior training or
experience, the beginning rate of VA benefits is the rate for the
initial 6 months of OJT, even if the amount of credit granted is 6 or
more months. However, when trainees change from one employer to another
and continue training in the same objective, the monthly rate will be
consistent with the length of training completed, e.g., a trainee who
completed 6 months of training with the first employer, receives the
second rate of payment for the second 6 month increment with the second
employer.

**u. Certification of Hours in Related Training.** If trainees attend
related training during normal work hours and receive pay, employers
should certify the training hours as hours worked.

**GLOSSARY OF TERMS PERTAINING TO FLIGHT TRAINING**

[AIR AGENCY CERTIFICATE]{.underline}: An air agency certificate is
issued by the FAA to flight schools that meet the requirements to offer
courses of instruction leading to pilots' licenses and ratings. They are
normally valid for 2 years.

[ATP (AIRLINE TRANSPORT PILOT)]{.underline}: An airline transport pilot
is the highest rating available for pilots. This rating is required for
pilots in command of turbojets with a passenger seating capacity of more
than 10 and for any multiengine aircraft in commuter airline operations.
It is also required for pilots of helicopters engaged in interstate air
transportation within the 48 states. A pilot must have logged a minimum
of 1,500 hours of flight time before enrolling in the course.

[CATEGORY RATING]{.underline}: A category rating is an authorization to
pilot a category of flying machine such as aircraft (fixed wing powered
airplanes), rotorcraft (helicopters), gliders, lighter than air ships
(blimps, hot air balloons), etc.

[CFI (CERTIFIED FLIGHT INSTRUCTOR)]{.underline}: A certified flight
instructor or CFI is a person who has taken the appropriate course and
has been certified by the FAA to give flight instruction. This also
refers to the course that pilots pursue to become a flight instructor.
The CFI course is broken down into 3 courses:

> [CFI-A (CERTIFIED FLIGHT INSTRUCTOR - AIRPLANE)]{.underline}: The
> holder can instruct students in piloting single engine aircraft.
>
> [CFI-I (CERTIFIED FLIGHT INSTRUCTOR-INSTRUMENTS)]{.underline}: The
> holder can instruct students in piloting aircraft while instrument
> flight rules are in effect.
>
> [CFI-ME (CERTIFIED FLIGHT INSTRUCTOR-MULTI ENGINE)]{.underline}: The
> holder can instruct students in piloting multiengine aircraft.

[CHIEF FLIGHT INSTRUCTOR]{.underline}: Each flight school must designate
a flight instructor as the Chief Flight Instructor. Schools approved
under FAR Part 141 cannot offer flight training unless they have a Chief
Flight Instructor, or temporarily in his or her absence, an Assistant
Chief Flight Instructor.

[CLASS RATING]{.underline}: A class rating is an authorization to pilot
a specific class of aircraft such as single engine land, single engine
seaplane, multi engine land, multi engine seaplane, etc.

[COMMERCIAL PILOT CERTIFICATE]{.underline}: A commercial pilot
certificate authorizes a pilot to carry persons or cargo for hire. It is
the basic license that may be approved for VA training.

[FAR (FEDERAL AIR REGULATIONS)]{.underline}: The FARs contain the FAA
regulations governing all aspects of flight training, air carrier
operations, requirements for pilots, etc.

[FIXED WING]{.underline}: A fixed wing aircraft is any aircraft that has
wings that are in a fixed position and are powered by propellers or jet
engines affixed to the wings or fuselage.

[FSDO (FLIGHT STANDARDS DISTRICT OFFICE)]{.underline}: The flight
standards district offices are regionally located. There are often one
in a state. There are more than one in larger populated states. They are
the FAA offices that approve flight schools under FAR Parts 141 and 142,
accomplish safety inspections of flight schools and air carrier
operations, etc. They approve all curricula at flight schools under
their jurisdiction and issue air agency certificates.

[IFR (INSTRUMENT FLIGHT RULES)]{.underline}: Instrument flight rules are
determined by FAA air traffic controllers. The rules cover the time and
the area of the sky of limited visibility when pilots must use
navigational instruments to take-off, fly, and land the aircraft. All
aircraft maneuvers are dictated by FAA air traffic controllers on the
ground by their radar and other flight guidance instruments. A pilot is
authorized to operate an aircraft while instrument flight rules are in
effect only if the pilot has an instrument rating.

[INSTRUMENT RATING]{.underline}: An instrument rating is an addition to
a commercial pilot certificate that authorizes a pilot to operate an
aircraft during periods of low visibility when instrument flight rules
are in effect.

[MEDICAL CERTIFICATE]{.underline}: A medical certificate is issued by
the FAA based on a certification by a doctor upon completion of the
appropriate medical exam. All pilots must have a medical certificate to
be authorized to fly. Medical certificates come in 3 classes depending
upon the extent of the physical exam:

> [FIRST CLASS]{.underline}: The first class medical certificate is the
> highest level. It is issued after the completion of a very strenuous
> physical exam. It is required for all pilots to fly commercial
> aircraft under their ATP rating. It is valid until the end of the
> sixth month after the physical exam. At that time the pilot must
> retake the first class physical exam. Otherwise, the first class
> medical certificate will revert to a second class medical certificate.
>
> [SECOND CLASS]{.underline}: The second class medical certificate is
> required for pilots who are exercising the privileges of their
> Commercial Pilot's license or who are providing flight instruction as
> a CFI. It is based upon a somewhat less strenuous physical exam that
> must be retaken every year. At the end of the twelfth month following
> the physical exam, a second class medical certificate reverts to a
> third class medical certificate.
>
> [THIRD CLASS]{.underline}: The third class medical certificate is the
> basic physical exam required of all pilots to exercise the privilege
> of their Private Pilot's License. It is valid for 36 months after the
> physical exam for persons who have not reached their 40th birthday. It
> is valid for 24 months for persons who have reached their 40th
> birthday. After 36 or 24 months, it is invalid for any authorized
> flights. This was a change from the previous rule and was effective
> for all medical certificates issued on or after September 16, 1996.

*Note: It is important to remember that a First Class medical
certificate is valid for first class privileges for 6 months after the
physical exam. Then it is valid for Second Class privileges for another
6 months (12 months after the physical exam). Then it is valid for Third
Class privileges for another 6 months (18 months after the physical
exam). A Second Class medical certificate is valid for Second Class
privileges for 12 months after the physical exam. Then it reverts to
Third Class privileges for another 6 months.*

[PART 61]{.underline}: Part 61 is a section of the FARs that specifies
the requirements for various pilots' licenses and ratings. Part 61
training cannot be approved for VA training because it relates to one on
one instructor to student training without regard to a standard
curriculum or school training. A flight instructor can recommend a
student for a license or rating based on that student passing a certain
written test and successfully learning specific flight maneuvers. It is
the flight equivalent of tutorial assistance.

[PART 63]{.underline}: Part 63 is a section of the FARs that specifies
the requirements for schools and courses to train flight engineers. Part
63 courses may be approved for VA since it requires a school curriculum
and standard course outline that must be followed.

[PART 141]{.underline}: Part 141 is a section of the FARs that specifies
school requirements to train students for pilots' licenses and ratings.
This training may be approved for VA because it specifically relates to
school training and standard course outlines that must be followed.

[PART 142]{.underline}: Part 142 is a section of the FARs that specifies
requirements to train students to fly specific, large-bodied aircraft
(e.g., Boeing 737, DC-10, etc.) using large, complex simulators rather
than actually flying the specific aircraft. This is a major money saver
since the rental fee for an aircraft like a Boeing 737 runs around \$60
to \$80 per minute. A complex flight simulator may cost up to \$500 or
\$800 per hour.

[PRIVATE PILOT CERTIFICATE]{.underline}: A private pilot certificate is
the basic certificate that authorizes a person to operate an aircraft. A
person with a private pilot certificate cannot carry persons or cargo
for hire. Therefore, it is considered an avocational or recreational
certificate. VA education benefits cannot be paid for pursuit of a
private pilot certificate.

[ROTARY WING or ROTORCRAFT]{.underline}: An aircraft that is propelled
and lifted by the action of the wings (rotors) such as a helicopter.

[STAGE CHECKS]{.underline}: The syllabus for each flight course is
divided into sections called "stages." Each stage is divided into a
number of "lessons" that correspond to a flight or ground training
subject or maneuver to be completed. After completing the last lesson in
a stage, a test is given relating to all the material covered in the
stage. The test is commonly called a "stage check." Stage checks are
commonly given during flights with the instructor telling the student to
perform certain maneuvers or to navigate to particular points. The
ground school stage check is the written examination that each student
must pass to complete the course.

[TYPE RATING]{.underline}: A type rating is an authorization to pilot a
specific type of aircraft such as large aircraft (other than lighter
than air, including Boeing 737, DC-10, L1011, etc.), small turbo jets
(e.g., Lear Jet, Cessna Citation, etc.), small helicopters, etc.

[VFR (VISUAL FLIGHT RULES)]{.underline}: Unless specified otherwise by
FAA air traffic controllers, visual flight rules are the rules that
pilots use to operate their aircraft based on what they can see,
including all takeoffs and landings. Unless the pilot has earned an
instrument rating, he or she is authorized to fly an aircraft only when
visual flight rules are in effect.

**VA APPROVAL OF FLIGHT SCHOOLS**

**1. RESPONSIBILITY**

**a. SAA Actions.** If the SAA declines to approve a flight school, a
training center, or an air carrier, the ELR with jurisdiction over the
area where the training is being offered will act as the SAA. (See par.
5.08 for additional information on approval jurisdiction.)

**b. Roles of ELRs and ECSSs**

\(1\) If staffing permits, an ECSS (Education Compliance Survey
Specialist) will do flight school approvals. The ECSS will contact
school officials and conduct the on site visits. If the ECSS determines
that the school and programs meet the approval requirements, he or she
will prepare a memo to the ELR recommending approval of the school and
programs. If the ECSS determines that the school or programs do not meet
the approval requirements, he or she will prepare a memo to the ELR. The
memo should explain the reason(s) why the school and programs should not
be approved.

\(2\) If staffing does not permit assigning an ECSS to do the approvals,
the ELR will do them. In these instances, the ELR must ensure that he or
she carefully reviews all the facts regarding the application for
approval of the school and the programs. If the ELR determines that the
school and programs meet the approval requirements, he or she will
prepare a letter to the school official explaining the conditions for
approval. If the ELR determines that the school or programs do not meet
the approval requirements, he or she will prepare a letter to the school
official. The letter should carefully explain the reason(s) why the
school or programs could not be approved.

*NOTE: CELOs may determine the most effective method of approving flight
schools for the states in their jurisdiction when one or more SAA
declines to approve flight schools or flight training centers.*

**2. APPLICATION FOR APPROVAL**

**a. Referrals from Other RO or RPO Divisions.** Other RO divisions may
refer flight schools or training centers interested in obtaining
approval of programs to the ELR. The RPO divisions may receive
applications from veterans or reservists for unapproved flight programs.
The divisions will send copies of applications and accompanying
documents regarding the flight programs to the ELR of jurisdiction.

**b. ELR/ECSS Actions**

\(1\) Upon receipt of referrals from other RO or RPO divisions, the ELR
or ECSS will contact the school official by telephone. The ELR or ECSS
will determine if the school official is operating a school with
programs that could be approved. The ELR or ECSS will also determine if
the school official is willing to complete the necessary forms to have
the programs approved for VA trainees. If the school and programs could
be approved, the ELR or ECSS will inform the school official that VA
will send them an approval package to complete and return.

\(2\) If time and budget permit, every effort will be made to schedule a
visit to a school official who expresses an interest in becoming
approved. Priority in scheduling visits will be given to flight schools
or training centers with veterans or reservists who have started
training and submitted applications for education benefits.

**c. Approval Packages**

\(1\) Approval packages should contain a cover letter including the
ELR's or ECSS's name and telephone number and locally developed
applications, personal data sheets, and financial statements. The ELR or
ECSS should include VA Forms 22-1919, Conflicting Interest
Certification, 22-8794, Designation of Certifying Official(s), and
27-8206, Statement of Assurance of Compliance with Equal Opportunity
Laws. The ELR or ECSS should include a preaddressed business reply
envelope to expedite the return of the completed package.

\(2\) The ELR or ECSS should review completed approval packages received
from school officials to determine if the school and programs meet the
approval requirements. The ELR or ECSS should pay particular attention
to the school's catalog to determine if it meets the requirements in 38
CFR 21.4254. The ELR or ECSS should ensure that the package includes a
Training Course Outline and syllabus for each course for which the
school is requesting approval. If there are omissions or additional
information is needed before the determination can be made, the ELR or
ECSS should contact the school official by telephone to request the
information. The ELR or ECSS should make every effort to complete the
review of the approval package before scheduling a visit to the school
or training center.

**3. INSPECTION VISITS**

**a. Purpose.** Inspection visits should:

\(1\) Verify that the school or training center has been offering
advanced training for 2 years;

\(2\) Verify that the school or training center has all the required
Federal, State, and local government licenses;

\(3\) Verify that the school has the aircraft, simulators, and flight
training devices contained in the application;

\(4\) For training centers, verify that the center has made the
necessary arrangements for simulators and aircraft;

\(5\) Verify the school or training center's refund policy;

\(6\) Inspect the school or training center's training records to
determine if they meet VA requirements;

\(7\) Verify that the school or training center's records are adequate
for computing the 85-15% ratio requirement;

\(8\) Determine the effective date of approval;

\(9\) Determine the maximum number of trainees the flight school or
training center can train at any one time based upon the number of
instructors, aircraft, simulators, flight training devices, and
classroom space;

\(10\) Inspect the training site(s);

\(11\) Inspect the school or training center's advertising;

\(12\) Explain how to complete VA Forms 22-1999, Enrollment
Certification, and 22-6553c, Monthly Certification of Flight Training;

\(13\) Explain that the school or training center may use VACERT to
generate enrollment certifications and the monthly certifications of
flight training;

\(14\) Explain VA requirements for maintaining copies of licenses and
medical certificates;

\(15\) Explain the payment of education benefits to VA trainees.

\(16\) Resolve any approval issues; and

\(17\) Provide an opportunity for the ELR or ECSS to explain the
obligation of school officials to provide training, maintain records,
and promptly notify VA of changes in the programs.

**b. Reports.** Following each inspection visit, a report will be
prepared addressing all the items covered during the visit. To make it
easier for the ELR or ECSS to conduct future compliance surveys or other
visits to the flight school or training center, the report will include
accurate directions. If the ELR or ECSS obtained copies of the forms
used by the school or training center, attach the forms to the report.

**4. NOTICES OF APPROVAL**

If it is determined that the flight school or training center and the
programs meet the approval requirements, a letter will be prepared
notifying the school officials of the approval and the effective date.

**5. DENIALS OF APPROVAL**

If the flight school or training center or the programs do not meet the
approval requirements, the ELR will prepare a letter notifying the
school officials of the denial of the request for approval and the
reason(s). The letter must include the statutory and regulatory
requirements that the school or training center and the programs must
meet to qualify for approval. The letter should inform the school
officials that, if they disagree with the decision, they may request an
administrative review by to the Director, Education Service. Requests
for administrative reviews must be sent to the VA office that disallowed
the original application.

**6. SUSPENSIONS AND WITHDRAWALS OF APPROVALS**

**a. Requests from School Officials.** The ELR may suspend or withdraw
approvals of a flight school or training center and the programs if a
school official requests the withdrawal, there are no VA trainees, or
the flight school or training center ceases to exist or moves to a new
location outside the jurisdiction of the ELR. If a school official calls
the ELR and requests the withdrawal, the ELR should complete a VA Form
119, Report of Contact, to file in the approval folder. It is not
necessary to send the school official a letter.

**b. Adverse Actions**

\(1\) The approval may be suspended or withdrawn as the result of a
compliance survey or other VA visit that shows that the school is not
meeting the approval requirements. The procedures in 38 CFR 21.4210
involving currently enrolled VA students and enrollments of new VA
students must be carefully followed. (See pt. I, ch. 8 for additional
information.)

\(2\) Before sending letters to students or school officials, the ELR
should send the approval and compliance survey files and proposed
letters to the CELO to review. If the CELO agrees with the decision, the
package should be sent to the RPO Director for a decision.

\(3\) The letter to the school official(s) should inform them that they
may request a hearing before the RPO's CEA (Committee on Educational
Allowances). A copy of the CEA hearing rules should be enclosed with the
letter.

**7. RECORDS**

Approval folders will be established only for approved flight schools or
training centers. Individual approval folders will not be created for
denied applications. However, general folders may be created for pending
and denied applications. (See par. 7.01 for additional information.)

**FAA MINIMUM AND VA MAXIMUM LENGTHS FOR FLIGHT COURSES**

  -------------------------- ----------- ----------- ------------ -----------------
  **COURSE**                 **DUAL**    **SOLO**    **GROUND**   **PREFLIGHT/**

  **Part 141 (Appendix)**    **HOURS**   **HOURS**   **SCHOOL**   **POST-FLIGHT**

  Initial Instrument Rating  35                      30           8.75

  (App. C) 120%              42                                   10.5

                                                                  

  Additional Instrument      15                      20           3.75
  Rating                                                          

  (App. C) 120%              18                                   4.5

                                                                  

  Commercial Pilot                                                
  Certification                                                   

  Airplane & Powered-Lift    55          65          35           30

  (App. D) 120%              66                                   32.75

                                                                  

  Commercial Pilot           30          85          30           28.75
  Certification                                                   

  Rotorcraft (App. D) 120%   36                                   30.25

                                                                  

  Commercial Pilot           4           2           20           1.5
  Certification                                                   

  Glider (App. D) 120%       4.8                                  1.7

                                                                  

  Commercial Pilot           55          100         65           38.75
  Certification                                                   

  Lighter-than-Air with an                                        

  Airship Rating (App. D)    66                                   41.5
  120%                                                            

                                                                  

  Commercial Pilot           10                      20           2.5
  Certification                                                   

  Lighter-than-Air with a                                         
  Balloon                                                         

  Class Rating (App. D) 120% 12                                   3

                                                                  

  Initial Flight Instructor                                       

  Certification -- Airplane, 25                      40           6.25

  Rotorcraft, or                                                  
  Powered-Lift                                                    

  (App. F) 120%              30                                   7.5

                                                                  

  Additional Flight                                               
  Instructor                                                      

  Certification -- Airplane, 25                      20           6.25

  Rotorcraft, or                                                  
  Powered-Lift                                                    

  (App. F) 120%              30                                   7.5

                                                                  
  -------------------------- ----------- ----------- ------------ -----------------

**FAA MINIMUM AND VA MAXIMUM LENGTHS FOR FLIGHT COURSES (Continued)**

+--------------------------+--------+--------+----------+-------------+
| **COURSE**               | **     | **     | **       | **P         |
|                          | DUAL** | SOLO** | GROUND** | REFLIGHT/** |
+--------------------------+--------+--------+----------+-------------+
| **Part 141 (Appendix)**  | **H    | **H    | **       | **PO        |
|                          | OURS** | OURS** | SCHOOL** | ST-FLIGHT** |
+--------------------------+--------+--------+----------+-------------+
| Initial Flight           | 10     |        | 40       | 2.5         |
| Instructor -- Glider     |        |        |          |             |
+--------------------------+--------+--------+----------+-------------+
| (App. F) 120%            | 12     |        |          | 3           |
+--------------------------+--------+--------+----------+-------------+
|                          |        |        |          |             |
+--------------------------+--------+--------+----------+-------------+
| Additional Flight        | 10     |        | 20       | 2.5         |
| Instructor               |        |        |          |             |
+--------------------------+--------+--------+----------+-------------+
| Glider (App. F) 120%     | 12     |        |          | 3           |
+--------------------------+--------+--------+----------+-------------+
|                          |        |        |          |             |
+--------------------------+--------+--------+----------+-------------+
| Flight Instructor        | 15     |        | 15       | 3.75        |
| Instrument               |        |        |          |             |
+--------------------------+--------+--------+----------+-------------+
| (App. G) 120%            | 18     |        |          | 4.5         |
+--------------------------+--------+--------+----------+-------------+
|                          |        |        |          |             |
+--------------------------+--------+--------+----------+-------------+
| Initial Ground           |        |        |          |             |
| Instructor               |        |        |          |             |
+--------------------------+--------+--------+----------+-------------+
| (App. H) 120%            |        |        | 20       |             |
+--------------------------+--------+--------+----------+-------------+
|                          |        |        |          |             |
+--------------------------+--------+--------+----------+-------------+
| Additional Ground        |        |        |          |             |
| Instructor               |        |        |          |             |
+--------------------------+--------+--------+----------+-------------+
| (App. H) 120%            |        |        | 10       |             |
+--------------------------+--------+--------+----------+-------------+
|                          |        |        |          |             |
+--------------------------+--------+--------+----------+-------------+
| Additional Aircraft      | Each   |        |          |             |
|                          | ap     |        |          |             |
| Category or Class Rating | proved |        |          |             |
|                          | course |        |          |             |
| (App. I)                 | for an |        |          |             |
|                          | addi   |        |          |             |
|                          | tional |        |          |             |
|                          | ai     |        |          |             |
|                          | rcraft |        |          |             |
|                          | ca     |        |          |             |
|                          | tegory |        |          |             |
|                          | rating |        |          |             |
|                          | or     |        |          |             |
|                          | addi   |        |          |             |
|                          | tional |        |          |             |
|                          | ai     |        |          |             |
|                          | rcraft |        |          |             |
|                          | class  |        |          |             |
|                          | rating |        |          |             |
|                          | must   |        |          |             |
|                          | i      |        |          |             |
|                          | nclude |        |          |             |
|                          | the    |        |          |             |
|                          | flight |        |          |             |
|                          | tr     |        |          |             |
|                          | aining |        |          |             |
|                          | time   |        |          |             |
|                          | requir |        |          |             |
|                          | ements |        |          |             |
|                          | and    |        |          |             |
|                          | flight |        |          |             |
|                          | tr     |        |          |             |
|                          | aining |        |          |             |
|                          | on the |        |          |             |
|                          | areas  |        |          |             |
|                          | of     |        |          |             |
|                          | ope    |        |          |             |
|                          | ration |        |          |             |
|                          | that   |        |          |             |
|                          | are    |        |          |             |
|                          | sp     |        |          |             |
|                          | ecific |        |          |             |
|                          | to     |        |          |             |
|                          | that   |        |          |             |
|                          | ai     |        |          |             |
|                          | rcraft |        |          |             |
|                          | ca     |        |          |             |
|                          | tegory |        |          |             |
|                          | and    |        |          |             |
|                          | class  |        |          |             |
|                          | rating |        |          |             |
|                          | and    |        |          |             |
|                          | pilot  |        |          |             |
|                          | certi  |        |          |             |
|                          | ficate |        |          |             |
|                          | level  |        |          |             |
|                          | for    |        |          |             |
|                          | which  |        |          |             |
|                          | the    |        |          |             |
|                          | course |        |          |             |
|                          | ap     |        |          |             |
|                          | plies. |        |          |             |
+--------------------------+--------+--------+----------+-------------+
| Additional Type Rating   |        |        |          |             |
+--------------------------+--------+--------+----------+-------------+
| For Other Than an        | 10     |        | 10       | 2.5         |
| Airline                  |        |        |          |             |
+--------------------------+--------+--------+----------+-------------+
| Transport Pilot          |        |        |          |             |
| Certificate              |        |        |          |             |
+--------------------------+--------+--------+----------+-------------+
| (App. J) 120%            | 12     |        |          | 3           |
+--------------------------+--------+--------+----------+-------------+
|                          |        |        |          |             |
+--------------------------+--------+--------+----------+-------------+
| Agricultural Aircraft    | 15     |        | 25       | 3.75        |
| Operations               |        |        |          |             |
+--------------------------+--------+--------+----------+-------------+
| (App. K, par. 6) 120%    | 18     |        |          | 4.5         |
+--------------------------+--------+--------+----------+-------------+
|                          |        |        |          |             |
+--------------------------+--------+--------+----------+-------------+
| Airline Transport Pilot  | 25     |        | 40       | 6.25        |
+--------------------------+--------+--------+----------+-------------+
| (App. E) 120%            | 30     |        |          | 7.5         |
+--------------------------+--------+--------+----------+-------------+
|                          |        |        |          |             |
+--------------------------+--------+--------+----------+-------------+

**EXAMPLES OF COURSE APPROVAL ISSUES**

EXAMPLE 1: The SAA approves a commercial pilot certificate course with
75 hours of dual flight training, 45 hours of solo flight training, 35
hours of ground school, and 30 hours of preflight briefings and
post-flight critiques. The FSDO-approved TCO and syllabus show the
minimum requirements of 55 hours of dual flight training, 65 hours of
solo flight training, and 35 hours of ground school.

DISCUSSION: The ELR should not accept the approval because the hours
approved by the SAA exceed or are equal to those in the FSDO-approved
TCO and syllabus.

EXAMPLE 2: The SAA approves an instrument course for 42 hours of dual
flight training, 36 hours of ground school, and 10.5 hours of preflight
briefings and post-flight critiques. The FSDO-approved TCO and syllabus
show 40 hours of dual flight training and 35 hours of ground school.

DISCUSSION: The ELR should return the approval to the SAA to correct.
Since the FSDO approved the actual length of the course offered by the
school, the SAA cannot approve more hours than those shown on the TCO
and syllabus. The approval should be for 40 hours of dual flight
training, 35 hours of ground school, and 10 hours of preflight briefings
and post-flight critiques.

EXAMPLE 3: The ELR, acting as the SAA, receives a request for approval
of a commercial pilot course for a rotorcraft. The flight school
requests approval of 60 hours of dual flight training, 55 hours of solo
flight training, 30 hours of ground school, and 28 hours of preflight
briefings and post-flight critiques. The FSDO-approved TCO and syllabus
agree with the hours for flight training and ground school requested by
the flight school.

DISCUSSION: The ELR should approve the request. The total of 115 hours
of flight training meets the FAA's minimum requirement. The 30 hours of
ground training is the FAA's recommendation. Although the TCO and
syllabus do not contain the hours of preflight briefings and post-flight
critiques, the school's request for 28 hours is less than the maximum of
28.75 hours for 115 hours of flight training.

EXAMPLE 4: The ELR receives an approval from the SAA for a 737 type
rating course offered by a flight training center operating under part
142. The approval is for 15 hours of simulator training, 1 hour of
flight training in the aircraft, 50 hours of ground school, and 4 hours
of preflight briefings and post-flight critiques. The training
specification document supports the number of hours requested.

DISCUSSION: The ELR should accept the approval. Since the training
center is operating under part 142, the course does not have to meet the
minimum and maximum hours contained in part 141. Since simulator
training is classified as flight training, the hours of preflight
briefings and post-flight critiques are acceptable.

**MAXIMUM HOURS FOR FLIGHT SIMULATORS AND FLIGHT TRAINING DEVICES**

**PART 141 VS. PART 142**

+-------------------+----------+-----------+------------+------------+
|                   | **       | *         | **FLIGHT** | **TOTAL**  |
|                   | FLIGHT** | *FLIGHT** |            |            |
+-------------------+----------+-----------+------------+------------+
| **COURSE**        | **TR     | **SI      | **TRAINING | **S        |
|                   | AINING** | MULATOR** | DEVICE**   | IMULATOR** |
|                   |          |           |            |            |
|                   |          |           |            | **&        |
|                   |          |           |            | DEVICE**   |
+-------------------+----------+-----------+------------+------------+
|                   |          |           |            |            |
+-------------------+----------+-----------+------------+------------+
| Instrument Rating |          |           |            |            |
+-------------------+----------+-----------+------------+------------+
| Part 141          | 35       | 17.5      | 14         | 17.5       |
+-------------------+----------+-----------+------------+------------+
| Part 142          | 35       |           |            | 30         |
+-------------------+----------+-----------+------------+------------+
|                   |          |           |            |            |
+-------------------+----------+-----------+------------+------------+
| Commercial Pilot  |          |           |            |            |
+-------------------+----------+-----------+------------+------------+
| Airplane &        |          |           |            |            |
| Powered-Lift      |          |           |            |            |
+-------------------+----------+-----------+------------+------------+
| Part 141          | 120      | 36        | 24         | 36         |
+-------------------+----------+-----------+------------+------------+
| Part 142          | 120      |           |            | 100        |
+-------------------+----------+-----------+------------+------------+
|                   |          |           |            |            |
+-------------------+----------+-----------+------------+------------+

**VA APPROVAL OF APPRENTICESHIP AND OTHER OJT PROGRAMS**

**1. RESPONSIBILITY**

**a. SAA Actions.** If the SAA declines to approve registered or
unregistered apprenticeships or OJT programs, the ELR with jurisdiction
over the area where the training is being offered will act as the SAA.
(See par. 5.02 and 5.04 for additional information on approval
jurisdiction.)

**b. Roles of ELRs and the ECSS**

\(1\) If staffing permits, an ECSS will do apprenticeship and OJT
approvals. The ECSS will make the initial contacts with establishments
and conduct the on site visits. If the ECSS determines that the
establishment and the programs meet the approval requirements, he or she
will prepare a memo to the ELR recommending approval. If the ECSS
determines that the establishment or the programs do not meet the
approval requirements, he or she will prepare a memo to the ELR. The
memo will explain the reason(s) why the establishment and the program(s)
should not be approved.

\(2\) If staffing does not permit assigning an ECSS to do approvals, the
ELR will do them. In these instances, the ELR must ensure that he or she
carefully reviews all the facts regarding applications for approval of
establishments and programs. If the ELR determines that the
establishment and the programs meet the approval requirements, he or she
will prepare a letter to the establishment explaining the conditions for
approval. If the ELR determines that the establishment or the programs
do not meet the approval requirements, he or she will prepare a letter
to the establishment. The letter will carefully explain the reason(s)
why the establishment or program(s) could not be approved.

**2. APPLICATION FOR APPROVAL**

**a. Referrals from Other RO or RPO Divisions.** Other RO divisions may
refer establishments interested in obtaining approval of apprenticeship
or OJT programs to the ELR. The RPO's divisions may receive applications
from veterans, reservists, or eligible persons for unapproved programs.
The divisions will send copies of applications and accompanying
documents regarding the training programs to the ELR of jurisdiction.

**b. ELR/ECSS Actions**

\(1\) Upon receipt of a referral from RO or RPO divisions, the ELR or
ECSS will contact the establishment by telephone. The ELR or ECSS will
try to determine if the officials at the establishment are offering a
training program that could be approved. The ELR or ECSS will also try
to determine if the officials at the establishment are willing to
complete the necessary forms to have the program approved for VA
trainees. If the program could be approved, the ELR or ECSS will inform
the establishment that VA will send them an approval package to complete
and return.

\(2\) If time and budget permit, every effort will be made to schedule a
visit to an establishment that expresses an interest in becoming
approved. Priority in scheduling visits will be given to establishments
with veterans, reservists, or eligible persons who have started training
and submitted applications for education benefits.

**c. Approval Packages**

\(1\) The approval package should contain a cover letter including the
ELR's or ECSS's name and telephone number, VA Forms 22-8597, Fact Sheet
for OJT Programs, (for establishments seeking approval of OJT programs),
22-8864, Other On-the-Job Training and Apprenticeship Training Agreement
and Standards, and 22-8865, Employer\'s Application to Provide Job
Training. For establishments seeking approvals of OJT programs, include
VA Form 27-8206, Statement of Assurance of Compliance with Equal
Opportunity Laws. The ELR or ECSS should include a preaddressed business
reply envelope to expedite the return of the completed package.

\(2\) The ELR or ECSS will review each completed approval package
received from an establishment to determine if the program meets the
approval requirements. If additional information is needed before the
determination can be made, the ELR or ECSS should contact the
establishment by telephone to request the information. Every effort
should be made to complete the review of the approval package before
scheduling a visit to the establishment.

**3. INSPECTION VISITS**

**a. Purpose.** Inspection visits should:

\(1\) Provide opportunities for the ELR or ECSS to explain the
obligation of establishments to provide training, maintain records, and
promptly notify VA of changes in the programs;

\(2\) Resolve any approval issues;

\(3\) Inspect the training site(s);

\(4\) Determine the maximum number of trainees the establishment can
train at any one time;

\(5\) Determine the effective dates of approval;

\(6\) Explain how to complete VA Forms 22-1999, Enrollment
Certification, and 22-6553d, Monthly Certification of On-the-Job and
Apprenticeship Training; and

\(7\) Explain the payment of education benefits to VA trainees.

**b. Reports.** Following each inspection visit, prepare a report
addressing all the items covered during the visits. To make it easier
for the ELR or ECSS to conduct future compliance surveys or other visits
to the establishment, each report will include accurate directions.

**4. NOTICES OF APPROVAL**

If it is determined that the establishment and the programs meet all the
approval requirements, prepare a letter notifying the establishment of
the approval and the effective date.

**5. DENIALS OF APPROVAL**

If it is determined that the establishment or the programs do not meet
all the approval requirements, prepare a letter notifying the
establishment of the denial of the request for approval and the
reason(s). The letter must include the statutory and regulatory
requirements the establishment must meet to qualify for approval. The
letter should inform the establishment officials that, if they disagree
with the decision, they may request an administrative review by the
Director, Education Service. Requests for administrative reviews must be
sent to the VA office that disallowed the application.

**6. SUSPENSIONS AND WITHDRAWALS OF APPROVALS**

**a. Requests from School Officials.** The ELR may suspend or withdraw
the approval of a job training establishment and the programs if an
official of the training establishment requests the withdrawal, there
are no VA trainees, or the training establishment ceases to exist or
moves to a new location outside the jurisdiction of the ELR. If an
official of a training establishment calls the ELR and requests the
withdrawal, the ELR should complete a VA Form 119 to file in the
approval folder. It is not necessary to send the training establishment
official a letter.

**b. Adverse Actions**

\(1\) The approval may be suspended or withdrawn as the result of a
compliance survey or other VA visit that shows that the school is not
meeting the approval requirements. The procedures in 38 CFR 21.4210
involving currently enrolled VA trainees and enrollments of new VA
trainees must be carefully followed. (See pt. I, ch. 8 for additional
information.)

\(2\) Before sending letters to trainees or training establishment
officials, the ELR should send the approval and compliance survey files
and proposed letters to the CELO for review. If the CELO agrees with the
decision, the package should be sent to the RPO Director for a decision.

\(3\) The letter to the training establishment official(s) should inform
them that they may request a hearing before the RPO's CEA. A copy of the
CEA hearing rules should be enclosed with the letter.

**7. RECORDS**

Approval folders will be established only for approved establishments.
Individual approval folders will not be created for denied applications.
However, general folders may be created for pending and denied
applications. (See par. 7.01 for additional information.)