**Definitions**

**§21.7520 Definitions.**

For the purposes of regulations from §21.7500 through §21.7999,
governing the administration and payment of educational assistance under
10 U.S.C. chapter 1606, the Selected Reserve Educational Assistance
Program, the following definitions apply. (See also additional
definitions in §21.1029).

\(a\) *Definitions of participants.*

\(1\) *Reservist.* The term *reservist* means a member of the Selected
Reserve who is eligible for educational assistance under 10 U.S.C.
chapter 1606.

\(2\) *Selected Reserve.* The term *Selected Reserve* means the Selected
Reserve of the Ready Reserve of any of the reserve components (including
the Army National Guard of the United States and the Air National Guard
of the United States) of the Armed Forces of the United States, as
required to be maintained under section 268(b), 10 United States Code.
(Authority: 10 U.S.C. 16131; Pub. L. 98-525)

\(b\) *Other definitions:*

\(1\) *Attendance*. The term attendance means the presence of a
reservist:

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

\(ii\) At a training establishment; or

\(iii\) In any other place of instruction, training, or study designated
by the educational institution or training establishment where the
reservist is enrolled and is pursuing a program of education.
(Authority: 10 U.S.C. 2131(c)(1), 2136(b); 38 U.S.C. 3474; §705(a)(1),
Pub. L. 98-525, 98 Stat. 2565, 2567; §642, Pub. L. 101-189, 103 Stat.
1456-1458)

\(2\) *Audited course.* The term *audited* *course* has the same meaning
as provided in §1.4200(i) of this part. (Authority: 10 U.S.C. 16136(b);
38 U.S.C. 3680(a); Pub. L. 98-525)

\(3\) *Deficiency course.* The term *deficiency* *course* means any
secondary level course or subject not previously completed
satisfactorily which is specifically required for pursuit of a
postsecondary program of education. (Authority: 10 U.S.C. 16136(b); Pub.
L. 98-525)

\(4\) *Divisions of the school year.* The term *divisions of the school
year* has the same meaning as provided in §21.4200(b) of this part.
(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3680(a); Pub. L. 98-55)

\(5\) *Drop-add period.* The term *drop-add period* has the same meaning
as provided in §21.4200(1) of this part. (Authority: 10 U.S.C. 16136(b),
38 U.S.C. 3680(a); Pub. L. 98-525)

\(6\) *Educational assistance.* The term *educational assistance* means
the monthly payment made to members of the Selected Reserve for pursuit
of a program of education. (Authority: 10 U.S.C. 16131(b); Pub. L.
98-525)

\(7\) *Educational objective.* An approvable *educational objective* is
one that leads to the awarding of an associated degree, a bachelor's
degree or the equivalent. (Authority: 38 U.S.C. 16131(b), 38 U.S.C.
3680(a); Pub. L. 98-525)

\(8\) *Enrollment.* The term *enrollment* means the state of being on
that roll or file of an educational institution which contains the names
of active students. (Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3680(g);
Pub. L. 98-525)

\(9\) *Enrollment period.* The term *enrollment period* has the same
meaning as provided in §21.4200(p) of this part. (Authority: 10 U.S.C.
16136(b), 38 U.S.C. 3680(g); Pub. L. 98-525)

\(10\) *In residence on a standard quarter- or semester-hour basis.* The
term *in residence on a standard quarter- or semester-hour basis* has
the same meaning as provided in §21.4200(r) of this part. (Authority: 10
U.S.C. 16136(b), 38 U.S.C. 3688(c); Pub. L. 98-525)

\(11\) *Independent study.* The term *independent study* has the same
meaning as provided in §21.4267(b) of this part. (Authority: 10 U.S.C.
16136(b), 38 U.S.C. 3688(c); Pub. L. 98-525)

\(12\) *Independent study-resident training.* The term *independent
study-resident training* means:

\(i\) The state of being enrolled concurrently in one or more
undergraduate courses or subjects offered by independent study as
defined in paragraph (b)(11) of this section and one or more courses or
subjects offered by resident training as defined by paragraph (b)(22) of
this section, or

\(ii\) The state of being enrolled in one or more undergraduate level
subjects which:

\(A\) Do not meet the requirements of either paragraphs (b)(22)(i),
(b)(22)(ii) or (b)(22)(iii) of this section,

\(B\) Have some weeks when standard class sessions are scheduled, and

\(C\) Consist of independent study as defined in paragraph (b)(11) of
this section during those weeks when there are no regularly scheduled
standard class sessions. (Authority: 10 U.S.C. 16136(b), 38 U.S.C.
3688(c); Pub. L. 98-525)

\(13\) *Institution of higher learning.* The term *institution of higher
learning* means:

\(i\) A college, university or similar institution, including a
technical or business school, offering postsecondary level academic
instruction that leads to an associate or higher degree, if the
educational institution is empowered by the appropriate State education
authority under State law to grant an associate or higher degree.

\(ii\) When there is no state law to authorize the granting of a degree,
an educational institution which:

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

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

\(iii\) A hospital offering educational programs at the postsecondary
level without regard to whether the hospital grants a postsecondary
degree.

\(iv\) An educational institution which:

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

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

\(C\) Is recognized as an institution of higher learning by the
secretary of education (or comparable official) of the country in which
the educational institution is located. (Authority: 10 U.S.C. 16131;
Pub. L. 98-525)

\(14\) *Mitigating circumstances*.

\(i\) Mitigating circumstances are circumstances beyond the reservist's
control which prevent him or her from continuously pursuing a program of
education. The following circumstances are representative of those which
VA considers to be mitigating. This list is not all-inclusive.

\(A\) An illness of the reservist;

\(B\) An illness or death in the reservist's family;

\(C\) An unavoidable change in the reservist's conditions of employment;

\(D\) An unavoidable geographical transfer resulting from the
reservist's employment;

\(E\) Immediate family or financial obligations beyond the control of
the reservist which require him or her to suspend pursuit of the program
of education to obtain employment;

\(F\) Discontinuance of the course by the educational institution;

\(G\) Unanticipated active duty for training; and

\(H\) Unanticipated difficulties in providing for child care for the
reservist's child or children.

\(ii\) If a reservist withdraws from a course during a drop-add period,
VA will consider the circumstances which caused the withdrawal to be
mitigating.

\(iii\) In the first instance of a withdrawal after May 31, 1989, from a
course or course for which the reservist received educational assistance
under chapter 1606, title 10, U.S. Code, VA will consider that
mitigating circumstances exist with respect to courses totaling not more
than six semester hours or the equivalent. In determining whether a
withdrawal is the first instance of withdrawal, VA will not consider
courses dropped during an educational institution's drop-add period as
provided in paragraph (b)(14)(ii) of this section. (Authority: 38 U.S.C.
3034, 3680(a)(1); Pub. L. 100-689) (June 1, 1989) \[Paragraph (b)(14)
effective retroactively to June 1, 1989\]

\(15\) *Nonpunitive grade.* The term *nonpunitive* *grade* has the same
meaning as provided in §21.4200(j) of this part. (Authority: 10 U.S.C.
16136(b), 38 U.S.C. 3680(a); Pub. L. 98-525)

\(16\) *Normal commuting distance.* The term *normal commuting distance*
has the same meaning as provided in §21.4200(m) of this part.
(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3680; Pub. L. 98-525)

\(17\) *Program of education*. A program of education:

\(i\) Is any unit course or subject or combination of unit courses or
subjects pursued by a reservist at an educational institution, required
by the Administrator of the Small Business Administration as a condition
to obtaining financial assistance under the provisions of 15 U.S.C. 636;
or

\(ii\) Is a combination of subjects or unit courses pursued at an
educational institution, which combination is generally accepted as
necessary to meet requirements for a predetermined educational,
professional, or vocational objective. It may consist of subjects or
courses which fulfill requirements for more than one objective if all
objectives pursued are generally recognized as being related to a single
career field; and

\(iii\) Includes an approved full-time program of apprenticeship or of
other on-job training. (Authority: 10 U.S.C. 2131; 38 U.S.C. 3452(b);
§705(a)(1), Pub. L. 98-525, 98 Stat. 2565, 2567; §§642(a), (b), (d),
645, Pub. L. 101-189, 103 Stat. 1456--1458)

\(18\) *Punitive grade.* The term *punitive* *grade* has the same
meaning provided in §21.4200(k) of this part. (Authority: 10 U.S.C.
16136(b), 38 U.S.C. 3680(a); Pub. L. 98-525)

\(19\) *Pursuit*.

\(i\) The term *pursuit* means work, while enrolled, toward the
objective of a program of education. This work must be in accordance
with approved institutional policy and regulations, and with applicable
criteria of 10 U.S.C. and 38 U.S.C.; must be necessary to reach the
program's objective; and must be accomplished through:

\(A\) Resident courses;

\(B\) Independent study;

\(C\) Correspondence courses;

\(D\) An apprenticeship or other on-job training program; or

\(E\) Flight courses. (Authority: 10 U.S.C 2131, 2136; 38 U.S.C.
3680(g); §705(a)(1), Pub. L. 98-525, 98 Stat. 2565, 2567; §§642, 645,
Pub. L. 101-189, 103 Stat. 1456-1458)

\(ii\) VA will consider a reservist who qualifies for payment during an
interval, school closing, or holiday vacation to be in pursuit of a
program of education during the interval, school closing, or holiday
vacation. (Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3680(g); §705(a)(1),
Pub. L. 98-525, 98 Stat. 2565, 2567; §642(c), (d), Pub. L. 101-189, 103
Stat. 1457-1458)

\(20\) *Refresher course*. The term *refresher course* means either:

\(i\) A course at the elementary or secondary level to review or update
material previously covered in a course that has been satisfactorily
completed; or

\(ii\) A course which permits an individual to update knowledge and
skills or be instructed in the technological advances which have
occurred in the reservist's field of employment since his or her entry
on active duty and which is necessary to enable the individual to pursue
an approved program of education. (Authority: 10 U.S.C. 2131(b), (c);
§705(a)(1), Pub. L. 98-525, 98 Stat. 2565; §§642(a), (b), (d), 645(a),
(b), Pub. L. 101-189, 103 Stat. 1456-1458))

\(21\) *Remedial course.* The term *remedial* *course* means a course
designed to overcome a deficiency at the elementary or secondary level
in a particular area of study, or a handicap, such as in speech.
(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3491(a)(2); Pub. L. 98-525)

\(22\) *Resident training.* The term *resident* *training* means:

\(i\) A course or subject, leading to a standard college degree, offered
in residence on a standard quarter- or semester-hour basis;

\(ii\) A course or subject leading to a standard college degree at the
undergraduate level which requires regularly scheduled, weekly classroom
or laboratory sessions but does not require them in sufficient number to
meet the provision of paragraph (23)(i) of this section,

\(iii\) A course or subject leading to standard college degree at the
undergraduate level which:

\(A\) Would qualify as a course under paragraph (b)(22)(i) of this
section except that it does not have weekly class instruction,

\(B\) Requires pursuit of standard class sessions for each credit at a
rate not less frequent than every 2 weeks,

\(C\) Requires monthly pursuit of a total number of standard class
sessions which, during the month, is required by a course meeting the
provisions of paragraph (b)(22)(i) of this section,

\(D\) Is considered by the institution offering it as fully equivalent
to a course described in paragraph (b)(22)(i) of this section including
payment of tuition and fees; the awarding of academic credit for the
purpose of meeting graduation requirements; and the transfer of credits
to a course meeting the provision of paragraph (b)(22)(i) of this
section, and

\(E\) Together with all other similar courses offered by the institution
of higher learning, has an enrollment representing less than 50 percent
of persons at that institution receiving educational assistance under
either chapter 31, 32, 34, 35 or 36 of title 38, United States Code,

\(iv\) The hospital or fieldwork phase of a course with the objective of
registered professional nurse or registered nurses, including a course
leading to a degree in nursing when:

\(A\) The hospital or fieldwork phase of the course is an integral part
of the course,

\(B\) The completion of the hospital or fieldwork course is a
prerequisite to the successful completion of the course,

\(C\) The student remains enrolled in the institution of higher learning
during the hospital or fieldwork phase, and

\(D\) The training is under the direct supervision of the institution of
higher learning.

\(v\) The clinical training portion of a course leading to the objective
of practical nurse, practical trained nurse, or licensed practical nurse
when:

\(A\) The clinical training is offered by an affiliated or cooperating
hospital,

\(B\) The student is enrolled in and supervised by the institution of
higher learning during the clinical training, and

\(C\) The course is accredited by a nationally recognized accrediting
agency or meets the requirements of the licensing body of the State in
which the institution of higher learning is located.

\(vi\) An off-campus job experience included in a course offered by an
institution of higher learning is resident training only if the course
is:

\(A\) Accredited by a nationally recognized accrediting agency or is
offered by a school that is accredited by one of the regional
accrediting agencies;

\(B\) A part of the approved curriculum of the institution of higher
learning;

\(C\) Directly supervised by the institution of higher learning;

\(D\) Measured in the same unit as other courses;

\(E\) Required for graduation; and

\(F\) Has a planned program of activities described in the institution
of higher learning's official publication which is approved by the State
approving agency and which is institutional in nature as distinguished
from training on-the-job. The description shall include at least a unit
subject description; a provision for an assigned instructor; a statement
that the planned program of activities is controlled by the institution
of higher learning, not by the officials of the job establishment; a
requirement that class attendance on at least a weekly basis be
regularly scheduled to provide for interaction between instructor and
student; a statement that appropriate assignments are required for
completion of the course; a grading system similar to the system used
for other resident subjects offered by the institution of higher
learning; and a schedule of time required for the training which
demonstrates that the student shall spend at least as much time in
preparation and training as is normally required by the institution of
higher learning for its other resident courses.

\(vii\) A course including student teaching, or

\(viii\) A flight training course when included as a creditable part of
an undergraduate course leading to a standard college degree.
(Authority: 10 U.S.C. 16131(b); Pub. L. 98-525)

\(23\) *School, educational institution, institution*. The terms
*school*, *educational institution*, and *institution* mean:

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

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

\(iii\) A public or private elementary school or secondary school which
offers courses for adults, provided that the courses lead to an
objective other than an elementary school diploma, a high school
diploma, or their equivalents; or

\(iv\) Any entity, other than an institution of higher learning, that
provides training required for completion of a State-approved
alternative teacher certification program. (Authority: 10 U.S.C.
16131(a), (c); 38 U.S.C. 3002, 3452)

\(24\) *School year.* The term *school* *year* means generally a period
of 2 semesters or 3 quarters which is not less than 30 nor more than 39
weeks in total length. (Authority: 10 U.S.C. 16136(b); Pub. L. 98-525)

\(25\) *Standard class session.* The term *standard* *class* *session*
has the same meaning as provided in §21.4200(g) of this part.
(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3688(c); Pub. L. 98-525)

\(26\) *Standard college degree.* The term *standard college degree* has
the same meaning as provided in §21.4200(e) of this part. (Authority: 10
U.S.C. 16136(b), 38 U.S.C. 3688; Pub. L. 98-525)

\(27\) *State.* The term *State* has the same meaning as provided in
§21.1021(c) of this part. (Authority: 38 U.S.C. 101(20); Pub. L. 98-525)

\(28\) *Vocational or professional objective.* A *vocational or
professional objective* is one that leads to an occupation. It may
include educational objectives essential to prepare for the chosen
occupation, but not include any educational objectives beyond the
bachelor's degree. When a program of education consists of series of
courses not leading to an educational objective, these courses must be
pursued at an institution of higher learning and must be required for
attainment of a designated vocational or professional objective.
(Authority: 10 U.S.C. 16131(b); Pub. L. 98-525)

\(29\) *Disabling effects of chronic alcoholism*.

\(i\) The term disabling effects of chronic alcoholism means
alcohol-induced physical or mental disorders or both, such as habitual
intoxication, withdrawal, delirium, amnesia, dementia, and other like
manifestations of chronic alcoholism which, in the particular case:

\(A\) Have been medically diagnosed as manifestations of alcohol
dependency or chronic alcohol abuse; and

\(B\) Are determined to have prevented commencement or completion of the
affected individual's chosen program of education.

\(ii\) A diagnosis of alcoholism, chronic alcoholism,
alcohol-dependency, chronic alcohol abuse, etc., in and of itself, does
not satisfy the definition of this term.

\(iii\) Injury sustained by a reservist as a proximate and immediate
result of activity undertaken by the reservist while physically or
mentally unqualified to do so due to alcoholic intoxication is not
considered a disabling effect of chronic alcoholism. (Authority: 38
U.S.C. 105, 3031(d); Pub. L. 100-689) (Nov. 18, 1988) \[Paragraph
(b)(29) effective retroactively to Nov. 18, 1988\]

\(30\) *Cooperative course*. The term *cooperative course* means a
full-time program of education which consists of institutional courses
and alternate phases of training in a business or industrial
establishment with the training in the business or industrial
establishment being strictly supplemental to the institutional portion.
(Authority: 10 U.S.C. 2131(e); 38 U.S.C. 3686; §642(b), (d), Pub. L.
101-189, 103 Stat. 1456-1458)

\(31\) *Established charge*. The term *established charge* means the
lesser of:

\(i\) The charge for the correspondence course or courses determined on
the basis of the lowest extended time payment plan offered by the
educational institution and approved by the appropriate State approving
agency; or

\(ii\) The actual charge to the reservist. (Authority: 10 U.S.C.
2131(f); §642(b), (d), Pub. L. 101-189, 103 Stat. 1456-1458)

\(32\) *Training establishment*. The term *training establishment* means
any establishment providing apprentice or other on-job training,
including those under the supervision of a college, university, any
State department of education, any State apprenticeship agency, any
State board of vocational education, any joint apprenticeship committee,
the Bureau of Apprenticeship and Training established in accordance with
29 U.S.C. chapter 4C, or any agency of the Federal government authorized
to supervise such training. (Authority: 10 U.S.C. 2131(d), 16136(b); 38
U.S.C. 3452(e); §642(b), (d), Pub. L. 101-189, 103 Stat. 1456-1458)

\(33\) *Continuously enrolled*. The term *continuously enrolled* means
being in an enrolled status at an educational institution for each day
during the ordinary school year, and for consecutive school years.
Consequently, continuity of enrollment is not broken by holiday
vacations, vacation periods, periods during the school year between
terms, quarters, or semesters, or by nonenrollment during periods of
enrollment outside the ordinary school year (e.g., summer sessions).
(Authority: 10 U.S.C. 16136(b))

\(34\) *Persian Gulf War*. The term "Persian Gulf War" means the period
beginning on August 2, 1990, and ending on the date thereafter
prescribed by Presidential proclamation or by law. (Authority: 38 U.S.C.
101(33))

\(35\) *Alternative teacher certification program*. The term
*alternative teacher certification program*, for the purposes of
determining whether an entity offering such a program is a school,
educational institution, or institution as defined in paragraph
(b)(23)(iv) of this section, means a program leading to a teacher's
certificate that allows individuals with a bachelor's degree or graduate
degree to obtain teacher certification without enrolling in an
institution of higher learning. (Authority: 10 U.S.C. 16136; 38 U.S.C.
3452(c))

\[53 FR 34740, Sept. 8, 1988, as amended at 57 FR 57105, Dec. 3, 1992;
58 FR 51782, Oct. 5, 1993; 61 FR 20729, May 8, 1996; 61 FR 29300, June
10, 1996; 64 FR 23773, May 4, 1999; 65 FR 5788, Feb. 7, 2000\]

**Supplement *Highlights* references**: 9(2), 27(4), 42(1), 47(1).

*Next Section is §21.7530*