**CONTENTS**

**CHAPTER 3. REVIEW OF APPROVALS --- SPECIFIC CRITERIA FOR INSTITUTIONS
OF HIGHER LEARNING AND NONCOLLEGE DEGREE INSTITUTIONS**

**SUBCHAPTER I: GENERAL**

PARAGRAPH PAGE

3.01 Measurement Of Courses 3-1

3.02 Higher Competency 3-1

3.03 Multiple Objectives 3-2

3.04 Optional Courses 3-2

3.05 Precluded Courses 3-2

3.06 Contracted Courses 3-3

3.07 Practical Training 3-3

3.08 Cooperative Training 3-7

**SUBCHAPTER II: INSTITUTIONS OF HIGHER LEARNING**

3.09 Remedial/Deficiency Courses 3-8

3.10 Pro Rata Refund Policy 3-8

3.11 Programs Pursued In More Than One State 3-10

3.12 Individualized Curriculum 3-10

3.13 Programs To Prepare For Exams 3-10

3.14 Variable Credit 3-10

3.15 Credit By Exam And Life Experience 3-10

3.16 Reserve Officer Training Corps 3-11

3.17 Post-Doctoral Courses 3-11

**CONTENTS (Continued)**

**SUBCHAPTER II: INSTITUTIONS OF HIGHER LEARNING (Continued)**

PARAGRAPH PAGE

3.18 Clinical Pastoral Education 3-11

3.19 Independent Study 3-12

**SUBCHAPTER III. NONCOLLEGE DEGREE INSTITUTIONS**

PARAGRAPH PAGE

3.20 Length Of Course 3-13

3.21 Standards Of Attendance 3-13

3.22 Farm Cooperative 3-13

**CHAPTER 3. REVIEW OF APPROVALS --- SPECIFIC CRITERIA FOR**

**INSTITUTIONS OF HIGHER LEARNING AND NONCOLLEGE DEGREE SCHOOLS**

**SUBCHAPTER I: GENERAL**

**3.01 MEASUREMENT OF COURSES**

**a. Measurement of IHL Courses.** The procedures for determining
training time based on the academic loads of VA students in IHL
(Institution of Higher Learning) programs are in part IV, chapter 6.
VCEs (Veterans Claims Examiners) are responsible for determining
training time. ELRs (Education Liaison Representatives) are responsible
for providing information or clarifying existing information to insure
that VCEs are able to make the correct decisions.

\(1\) ELRs will indicate in the OLAF (On-Line Approval File) records the
type of measurement that is appropriate and the minimum number of hours
required for full-time measurement.

\(2\) Discrepancies between information contained on enrollment
certifications and information in the OLAF records should be referred to
the ELR of jurisdiction for resolution.

**b. Measurement of NCD Courses**

\(1\) The procedures for determining training time based on the academic
load of VA students enrolled in NCD (Noncollege Degree) programs are in
part IV, chapter 7. VCEs are responsible for determining training time.
ELRs are responsible for providing the information or clarifying
existing information to insure that VCEs are able to make the correct
decisions.

\(2\) NCD courses offered by IHLs may be measured in clock hours or
credit hours. (See pt. IV, par. 7.01 through 7.03.) In certain cases,
NCD courses offered on a standard quarter or semester-hour basis by
schools other than IHLs may be measured on a credit hour basis. Schools
must require at least 22 clock hours of instruction per week for courses
where shop practice is an integral part of the course or 18 clock hours
per week if class and theory instruction are more than 50 percent of the
required hours. ELRs are responsible for determining that NCD courses
offered at IHLs satisfy all applicable criteria for measurement on a
credit hour basis.

**3.02 HIGHER COMPETENCY**

SAAs (State Approving Agencies) may not approve programs designed to
attain a higher level of competency and proficiency or to keep abreast
of current developments. VA may award benefits for such programs only if
they are required for approved degree programs or approved postdoctoral
certificates being pursued by VA students. For example, the Naval War
College offers a Naval War College diploma to enhance the knowledge of
commissioned officers. This program may not be approved because it does
not lead to an educational, professional, or vocational objective.
However, programs that add skills required for a profession or vocation
may be approved. For example, SAAs may approve training in transmission
servicing for auto mechanics who have not received training in
transmission servicing.

**3.03 MULTIPLE OBJECTIVES**

**a. General.** VA students may pursue programs of education leading to
more than one educational, professional, or vocational objective. (See
pt. III, par. 6.04d and e.)

**b. SAA Actions.** Programs leading to dual objectives require specific
SAA approval. On a "case by case" basis, SAAs must determine that the
separate objectives are reasonably related to a single career field or
career objective. The combined programs may lead to the attainment of
one or more degrees, majors, or minors.

\(1\) SAAs do not have to approve double-majors, major/minor
combinations, or other combinations that lead to a single objective if
pursued at one school, if the programs do not require more credit or
clock hours than a single degree or certification program.

\(2\) SAAs must approve combination programs that require more credit
hours than required for a single degree or certificate program.

\(3\) Combinations pursued at separate schools require specific SAAs
approval.

**3.04 OPTIONAL COURSES**

SAAs may not approve optional courses that schools do not require for
completion of educational, professional, or vocational objectives. For
example, a school offers an Associate of Applied Science program. The
degree can be awarded after the first two years. The school offers
students the option of attending an additional quarter to take ancillary
flight training. SAAs may not approve the additional quarter because the
school does not require the flight training for the degree nor is it
considered as a degree requirement. VA students do, however, retain the
option of matriculating into an additional degree program that includes
these \"optional courses\" as part of the total degree requirements.

**3.05 PRECLUDED COURSES**

**a. General.** Title 38 U.S.C. 3680A precludes the enrollment of VA
students in certain courses that do not lead to valid educational
objectives or are not creditable to such objectives. This applies to
both IHL and NCD courses. Enrollment in any courses offered by radio
will not be approved.

**b. Precluded IHL Courses.** Avocational courses such as personality
development, recreational dance, horseback riding, swimming, fishing,
skiing, golf, etc., may not be approved. Physical education courses may
be approved. NCD courses in photography, art, and music may not be
approved unless the course content is clearly vocational in nature.
Degree courses of these types can be approved because they are
educational objectives.

**c. Precluded NCD Courses.**

\(1\) Bar tending and personality development are precluded.

\(2\) Avocational and recreational courses may not be approved. If the
schools use advertising for courses with predominantly avocational or
recreational themes, SAAs may consider the courses as avocational or
recreational. The following is a partial list of such courses:

\(a\) Any photography courses or entertainment courses.

\(b\) Any music courses (instrumental or vocal), personality
development, or courses in dance, sports or athletics, such as horseback
riding, swimming, fishing, skiing, golf, baseball, tennis, bowling,
sports officiating, or other sports or athletic courses.

*NOTE: These courses should not be confused with courses in these areas
at IHLs that may be pursued as part of degree programs. Such IHL
courses, whether taken as creditable electives or as part of major
programs, are NOT precluded.*

\(3\) To overcome the presumption that courses are avocational or
recreational in character, VA students will be required to establish
that the courses will be of bona fide use in the pursuit of their
present or contemplated businesses or occupations. (See pt. III, chapter
7, subchapter I, for additional information on precluded courses.)

\(4\) Self improvement courses are precluded. (See pt. III, par. 7.01e
for information on self-improvement courses.)

**3.06 CONTRACTED COURSES**

When schools have contracts or any other types of agreement with other
organizations to provide training required for the completion of
courses, SAAs must approve the arrangements.

**3.07 PRACTICAL TRAINING**

**a. General.** Schools have many names for practical training,
cooperative training, and independent study, e.g., internships, work
experience, externships, work study, etc. For example, schools might
describe courses as cooperative even though they meet VA\'s definition
of practical training. The regulation that most benefits VA students
will be used as long as the courses meet the approval requirements.

**b. Medical and Dental Residencies.**

\(1\) SAAs may approve accredited medical residencies, osteopathic
residencies and internships, and dental residencies leading to
certification by the appropriate medical or dental accrediting
association.

\(2\) The appropriate accrediting agencies are:

\(a\) The American Osteopathic Association.

\(b\) The Commission on Dental Accreditation of the American Dental
Association.

\(3\) Residency programs:

\(a\) Must lead to certification by an appropriate Specialty or
Subspecialty Board, the American Osteopathic Association, or the
American Dental Association; and.

\(b\) Will not include a period of practice following completion of the
education requirements even though the accrediting agency requires the
practice.

\(c\) Residencies in podiatric medicine may be approved and recognized
as institutional training only when they have been approved by the
Council on Podiatry Education of the American Podiatry Association.

\(d\) Courses accredited by the American Psychoanalytic Association.

*NOTE: The American Psychoanalytic Association accredits courses
designed to train people with Doctor of Medicine degrees to become
psychoanalysts. As long as these courses do not include residencies,
they may be approved as leading to the professional objective of
psychoanalyst. VA recognizes these courses as accredited even though the
U.S. Secretary of Education does not recognize this association as an
accrediting agency. Measurement is on a clock hour basis, \"R\" type
hours, 40 hours per week is full-time.*

\(e\) Courses accredited by the Accreditation Council for Graduate
Medical Education or where the Accreditation Council for Graduate
Medical Education has delegated accrediting authority, the appropriate
Residency Review Committee.

*NOTE: VA recognizes these courses as accredited even though the U.S.
Secretary of Education does not recognize the council as an accrediting
agency. Measurement is on a clock hour basis, \"R\" type hours, 40 hours
per week is full-time.*

\(4\) In most specialties, the AMA (American Medical Association) has
replaced internships with three or four year residencies. The AMA
recognizes a Transition Year Residency that provides experience in a
variety of areas similar to courses previously called internships and is
required for some specialties.

\(5\) Postdoctoral certificate courses, including fellowships, offered
by accredited colleges, universities, and hospitals are educational
objectives.

**c. Nursing Courses.**

\(1\) Nursing courses are institutional training when they are offered
by schools or hospitals, are accredited, or meet the licensing
requirements of the state where they are taught. The clinical portions
are considered to be in resident, institutional training when:

\(a\) The students remain enrolled in the schools or hospitals;

\(b\) The schools require the training for completion of the courses;
and

\(c\) The training is under the supervision of the schools or hospitals.

\(2\) Effective October 29, 1992, nurse\'s aide courses may be approved
if they are approved by the appropriate state agencies as meeting the
requirements prescribed by the US Secretary of Health and Human Services
under sections 1819(f)(2)(A)(i) and 1919(f)(2)(A)(i) of the Social
Security Act (42 U.S.C. 1395i-3(f)(2)(A)(i) and \[1396r(f)(2)(A)(i)).\]
ELRs should accept certifications by SAAs that the requirements are met.

**d. Medical and Dental Specialty Courses.**

\(1\) Medical and dental courses that are not primarily clerical,
administrative, or secretarial in nature are covered by 38 CFR
21.4265(c). Clerical, administrative, and secretarial courses may be
approved as other practical training, if they meet the requirements of
38 CFR 21.4265(f). (See subpar. 3.12g below.) Some examples of medical
and dental specialty courses are X-ray technician, medical technician,
records administrator, medical assistant, and veterinarian technician.

\(2\) The \[regulations differentiate\] between medical and dental
specialty courses offered by schools and courses offered by hospitals
\[38 CFR 21.4265(c)\]. Courses offered by accredited and nonaccredited
schools and accredited hospitals may be approved as institutional
training. Courses offered by nonaccredited hospitals may be approved as
OJT (On Job Training) or apprenticeship, if they meet the requirements
of 38 CFR 21.4262 or 21.4261. Courses offered by nonaccredited hospitals
that operate schools, e.g., a School of Radiological Technology, are
considered to be institutional training, if the training is
institutional in nature rather than OJT. Training must consist of
structured classes and may include clinical training, if it is
theoretical in nature rather than OJT. The schools must be recognized as
schools by the state, e.g., licensed as schools.

\(3\) Clinical training offered by accredited and nonaccredited schools
and accredited hospitals is institutional, resident training and should
be measured on a credit hour or a clock hour basis.

\(4\) Clinical training in a physician\'s or dentist\'s office is
institutional training, if it is part of accredited courses that are
offered by schools.

**e. Medical and Dental Assistants Courses at VA Medical Centers.** ELRs
may approve full-time physicians\' assistant or full-time expanded
function dental auxiliary (formerly referred to as dentists\'
assistants) courses as institutional, resident training, if they are
conducted at VA medical centers or in facilities under contracts with VA
medical centers. (See 38 CFR 21.4265(d).) The courses do not have to
meet the requirements of 38 CFR 21.4265(c).

**f. Professional Training Courses.**

\(1\) Practical training for professional objectives is considered to be
resident, institutional training when offered by accredited and
nonaccredited schools, or accredited hospitals. VA will measure the
practical training portions of the courses the same way as it measures
the classroom portions, or in clock hours, if clock hour measurement is
more beneficial to the VA students.

\(2\) Some examples of professional objectives are teachers, lawyers,
certified public accountants, certified architects, and ministers,
priests, or rabbis.

**g. Other Practical Training Courses.** The requirements for the
approval of other practical training courses are in 38 CFR 21.4265(f).
All the requirements are not repeated in this paragraph. Courses that do
not meet the approval requirements as other practical training may meet
the approval requirements as cooperative training or independent study.
(See par. 3.08 below.)

\(1\) Courses must be accredited by a nationally recognized accrediting
agency. Candidate status is not sufficient. \[If the courses are not
accredited, the schools offering the courses must be accredited by one
of the regional accrediting associations.\]

\(2\) Courses must have official, written, planned programs of
activities approved by SAAs that are given to the students. Schools do
not have to publish the entire detailed plan of activities in their
catalogs but the catalogs must identify the courses that have off-campus
training.

\(3\) The planned programs must describe training that is institutional
in nature rather than OJT. The plans must demonstrate that the students
spend at least as much time in preparation and training as required for
other resident courses.

\(4\) There must be provisions for assigned instructors. There must be
at least one class session of 50 minutes per week. Schools do not have
to conduct the class sessions at the schools. On job supervisors or
trainers may act as adjunct faculty members on the school\'s behalf.
They do not have to be official members of the faculty. The class
sessions will not be informal, nonscheduled, or in non-classroom modes.
\[A class session\] will be a formal class meeting like those on campus
and must be pre-scheduled on the same basis as classes for other
resident courses. Individual field meetings with unscheduled or
unplanned subject matter are not class sessions. Class sessions will be
planned theoretical \[periods of\] instruction specified by schools and
required for the courses.

\(5\) Schools may or may not substitute the job training periods for
degree requirements. For example, a school may offer a degree in
electrical engineering that a student pursues totally through regular
class attendance. Along with the resident program, the school may offer
a cooperative program in electrical engineering. The cooperative program
may be the resident program courses plus alternate phases of job
experience with electrical engineering firms. The students are
performing duties directly related to electrical engineering. Although
schools do not require the on-job portion for the resident program, it
is supplemental to the training provided by the school. Both resident
and cooperative degrees may be approved, if all other approval criteria
are met.

\(6\) Schools must arrange with employers for placing individual
students in those establishments. This does not prohibit students from
locating employers who are willing to participate in the courses.
However, the schools must approve the employment situation and exercise
supervision and control over the student\'s activities at the
establishments to an extent that the school ensures that training the
student receives is relevant to the degree program.

**3.08 COOPERATIVE TRAINING**

**a. General.** Cooperative training consists of full-time programs of
education composed of phases of institutional training alternated with
on-job training in businesses or industrial establishments. Alternating
periods may be a part of the day in school and a part of the day on job
or may be such periods that alternate on a daily, weekly, monthly, or
term basis.

**b. Approval Criteria.** To be approved by SAAs, the training must, at
a minimum meet the following:

\(1\) Courses are defined as cooperative courses in catalogs or other
literature;

\(2\) The institutional periods must be at least as long as the on-job
training periods When determining whether or not the in school periods
are at least as long as the job training periods, exclude any job
training time that the school does not require;

\(3\) Schools must grant appropriate credit for the on job portion of
the courses; and

\(4\) The on-job portions of the courses must be supplemental to the
academic instruction and directly related to the training provided at
the schools.

\(5\) Schools may or may not substitute the job training periods for
degree requirements. For example, a school may offer a degree in
electrical engineering that a student pursues totally through regular
class attendance. Along with the resident program, the school may offer
a cooperative program in electrical engineering. The cooperative program
may be the resident program courses plus alternate phases of on-job
experience with electrical engineering firms. The students are
performing duties directly related to electrical engineering. Although
schools do not require the on-job portion for the resident program, it
is supplemental to the training provided by the school. Both the
resident program and the cooperative program may be approved, if all
other approval criteria are met.

\(6\) Schools must arrange with employers for placing individual
students in those establishments. This does not prohibit students from
locating employers who are willing to participate in the courses.
However, the schools must approve the employment situation and exercise
supervision and control over the student\'s activities at the
establishments to an extent that the school ensures that training the
student receives is relevant to the degree program.

**SUBCHAPTER II: INSTITUTIONS OF HIGHER LEARNING**

**3.09 REMEDIAL/DEFICIENCY COURSES**

**a. General.** SAAs may approve programs designed specifically to
address or otherwise correct deficiencies in basic Mathematics, English,
and Reading. This includes:

\(1\) Courses designed to improve English skills, including speaking,
for students for whom English is a second language.

\(2\) Courses designed to improve study skills as remedial courses if
schools require students with a defined need to take them.

**b. Approval Criteria.**

\(1\) To be approved, these courses must correct deficiencies at the
elementary or secondary level. This may include high school algebra for
students for whom schools require proficiency in algebra for post
secondary objectives.

\(2\) Schools may certify remedial courses only for students for whom a
verifiable need has been established.

*NOTE: See part III, chapter 7, subchapter III, for information
concerning Refresher Training.*

**3.10 PRO RATA REFUND POLICY**

**a. General.** Nonaccredited schools must refund tuition and fees on a
pro rata basis when VA students withdraw from courses or do not enroll
after paying for courses, in whole or part. The pro rata refund must, at
a minimum, meet the following criteria:

\(1\) The refund must be pro rated on a daily basis.

\(2\) VA regulations allow a 10% deviation from the requirement that the
amount of the refund be exactly pro rata.

\(3\) VA regulations allow schools to retain up to \$10.00 of any
registration fee.

\(4\) If schools have refund policies that are more favorable to the
students, SAAs will require the schools to use those policies.

\(5\) School or course catalogs must have description of the refund
policies. A simple statement that refunds are made on a pro rata basis
is not sufficient. The description must be clear enough for students to
determine the amount of their refund.

\(6\) Schools must make refunds promptly, i.e., within 40 days.

\(7\) Schools must not require VA students to request the refunds.

\(8\) Schools may apply the pro rata refund policy to VA students only.

**b. Waiver Of The Pro Rata Refund Requirement.** Schools may apply
through SAAs to RPO (Regional Processing Office) Directors for waivers
of the requirements for pro rata refunds. SAAs shall forward the
applications to the ELR for review. The ELR will forward the request to
the RPO Directors along with their recommendations.

\(1\) RPO Directors shall consider the recommendations and shall grant
waivers only when they find that the schools:

\(a\) Are colleges, universities, or similar schools offering
post-secondary level academic instruction leading to standard college
degrees.

\(b\) Are operated by agencies of states or units of local governments.

\(c\) If operated by agencies of a state, are located within the state.

\(d\) If operated by local governments units, are located within the
boundaries of the unit's taxing jurisdiction.

\(e\) Are candidates for accreditation by regional accrediting agencies.

\(f\) Charges VA students no more than \$120 per quarter, \$180 per
semester, or \$360 per school year in tuition, fees, and other charges
for the course.

\(g\) The waiver provisions apply to students rather than to courses.
For example, if a school charges in-state students \$100 tuition and
fees per quarter and out-of-state students \$500 tuition and fees per
quarter, any waiver granted applies to in-state students only.
Out-of-state students must still receive a pro rata refund of tuition,
fees and other charges.

\(2\) RPO Directors are authorized to make determinations approving or
denying requests for waivers.

\(a\) If the requirements for the waiver are met, letters will be sent
to the schools advising of the approval. Copies of the letters will be
filed in the approval files.

\(b\) If the requirements for the waiver are not met, and the requests
are denied, the denial letters to the schools will state the reasons for
denial and advise the schools that they may request administrative
reviews of the decisions by Director, Education Service within one year
from the date on the denial letters. Copies of denial letters will be
filed in the approval files. Request for administrative review should be
made to the RPO Director who made the decision.

**c. Appeals of Waiver Decisions.** If requests for review are received,
complete records, including the approval and compliance survey files,
should be sent to the Education Service Program Administration Staff
(225B) for review and decision. In reviewing the decision, the Director,
Education Service will consider the evidence of record. The Director,
Education Service may not grant a waiver unless all the criteria of par.
(b)(1) through (6) above are met.

\(1\) RPO Directors will notify schools by letter when the records are
forwarded to the Director, Education Service.

\(2\) The decisions of the Director, Education Service will be sent to
the RPO Directors to prepare written notices to the schools.

**3.11 PROGRAMS PURSUED IN MORE THAN ONE STATE**

When schools offer parts of courses in different states, the SAA in each
state will approve the courses. The SAA in each state will notify the
ELR of the approval. For example, the University of Pennsylvania offers
the first three years of a degree in marine biology and the University
of Florida offers the last two years. The Pennsylvania and Florida SAAs
will contact each other, determine if approval is appropriate, and
notify the ELRs in Philadelphia and St. Petersburg of the joint approval
or disapproval. The University of Pennsylvania certifies the part
pursued in Pennsylvania and the University of Florida certifies the part
pursued in Florida.

**3.12 INDIVIDUALIZED CURRICULUM**

Many IHLs allow students to design their own curriculums with the
approval of their academic advisors. These courses may be approved if
they are degree courses or postdoctoral courses at IHLs. The schools do
not have to be accredited. The schools and the students must plan the
curriculums in advance and the schools must document the required
subjects.

**3.13 PROGRAMS TO PREPARE FOR EXAMS**

SAAs may approve courses designed to prepare to take examinations
required by federal, state, or local government to practice professional
careers, such as certified public accountants and lawyers.

**3.14 VARIABLE CREDIT**

When the amount of credit granted may vary, schools must initially
certify the minimum amount of credit that students can earn. When the
terms are over, the schools must certify the actual amount of credit the
students earned if different from the amount originally certified.

**3.15 CREDIT BY EXAM AND LIFE EXPERIENCE**

Schools may *not* certify credit earned by taking competency tests or by
evaluating of life experience unless class attendance (or independent
study or practical training for accredited programs) is required.

**3.16 RESERVE OFFICER TRAINING CORPS**

Students in ROTC (Reserve Officer Training Corps) become commissioned
officers upon completion of the ROTC program and their degrees. Students
enrolled in ROTC have the professional objective of commissioned
officers. The degree is one of the requirements for the objective.
Because the objective is a commission, not just the educational
objective of a degree, VA students do not have to use ROTC courses as
electives for their degrees. Students may take ROTC courses along with
the subjects required for their degrees, including electives. The
student may use ROTC courses as electives for degrees if the schools
allow it. SAAs do not have to approve dual objectives for these
students.

**3.17 POST-DOCTORAL COURSES**

SAAs may approve postdoctoral certificate courses at accredited IHLs, if
the schools issue diplomas, degrees, or certificates, and the courses
meet the other approval requirements. The fact that accredited IHLs
issue certificates of completion indicates that the courses are bona
fide educational objectives. Postdoctoral courses (including medical
courses not involving residencies, e.g., fellowships) for which schools
do not issue certificates, will be reviewed very thoroughly by SAAs to
determine if they lead to bona fide objectives. The courses must be
required to practice a profession or be necessary for employment, such
as being required to meet licensing requirements.

**3.18 CLINICAL PASTORAL EDUCATION**

**a. General.** The Commissioner of Education recognizes the Association
for Clinical Pastoral Education as an accrediting agency. The
association accredits three Clinical Pastoral Education courses: Basic,
Advanced, and Supervisory.

**b. Approval Issues**

\(1\) The courses are considered institutional training as defined by 38
CFR 21.4265(e). The Basic Clinical Pastoral Education is not a complete
program of education. SAAs may approve them, if they are prerequisites
for enrollments in the Advanced or Supervisory courses.

\(2\) SAAs may approve Advanced Clinical Pastoral Education courses for
graduates of accredited theological seminaries who have experience as
pastors and who have completed the Basic course. Advanced Clinical
Pastoral Education Courses are for members of the clergy who desire to
function in areas such as parish ministries, institutional chaplaincies,
pastoral counseling, and teaching ministries.

\(3\) SAAs may approve Supervisory Clinical Pastoral Education courses
for graduates of accredited theological schools who have experience as
pastors (usually not less than three years). The Basic and Advance
courses are prerequisites. Supervisory Clinical Pastoral Education
courses are for members of the clergy who desire to become certified
supervisors of clinical pastoral education.

\(4\) Approvals of Clinical Pastoral Education programs must
specifically show the courses the SAAs approved, i.e., Basic, Advanced,
and Supervisory. SAAs do not have to list unit subjects. Since the
courses are approved under 38 CFR 21.4265(e), the unit subjects do not
have to be approved as independent study (38 CFR 21.4267) or practical
training (38 CFR 21.4265(f).) Approvals must specifically show the
course lengths and the required attendance per week.

\(5\) VCEs will use type of training \"A\" or \"B\" and type of hours
\"R\" or \"7\" on awards for Clinical Pastoral Education courses.

**3.19 INDEPENDENT STUDY**

**a. General.** VA students may receive education benefits for pursuit
of independent study courses or for courses combining independent study
with resident training. Before October 9, 1996, VA students could not
receive education benefits for pursuit of courses offered through open
circuit television unless they were enrolled concurrently in resident
training. Public Law 104-275 requires VA to treat open circuit
television courses the same way VA treats independent study courses.

**b. Scope of Independent Study.** Cooperative courses are not
considered to be independent study courses. SAAs may approve
correspondence courses as independent study, if they meet the approval
requirements.

**c. Definition of Independent Study.** VA considers courses to be
independent study courses when:

\(1\) They lead to standard college degrees;

\(2\) They consist of prescribed programs of study with provisions for
interaction between students and regularly employed faculty members of
the schools. The interaction may be personally or through the use of
communications technology, including mail, telephone, video
conferencing, computer technology (including electronic mail), and other
electronic means;

\(3\) They are offered without any regularly scheduled, conventional
classroom or laboratory sessions; and

\(4\) They are not resident training.

**d. Audio and Video Tapes.** Courses conducted with audio or video
tapes with no interaction between students and instructors are \[not\]
independent study. They are \[not\] independent study even if schools
require students to use the tapes at specific places and times. The
assignment of proctors to supervise the use of the tapes does not
satisfy the requirement for interaction between students and instructors
because instructors are not available to answer questions concerning the
educational materials.

**e. Open Circuit Television.** Courses that are conducted by open
circuit television are independent study.

**SUBCHAPTER III. NONCOLLEGE DEGREE INSTITUTIONS**

**3.20 LENGTH OF COURSE**

**a. General.** Title 38, U.S.C. 3676(c)(1) requires that SAAs find that
courses, curriculums, and instruction are consistent in quality,
content, and length with similar courses at other schools in the state.
This section of the law does not require that all similar courses be
exactly the same length. SAAs will establish general standards based on
the average length of all similar courses. SAAs will determine whether
courses that deviate from their standards are too long.

**b. Length of Training Beyond Licensing Requirement.** Generally, VA
will not pay benefits for more training than required for educational,
professional, or vocational objectives. When schools offer more hours of
training than required by licensing bodies, SAAs may approve entire
courses, if they determine that the training is appropriate. For
example, a state requires 1,500 hours of training for cosmetologists. A
school offers 2,000 hours of training. If the additional training is
related to cosmetology and enhances the students\' skills, the SAA may
approve the entire course.

**3.21 STANDARDS OF ATTENDANCE**

**a. General.** Nonaccredited NCDs must have attendance standards that
clearly state the maximum number of absences, both excused and
unexcused, students are allowed and still remain enrolled in the
courses. This includes nonaccredited degree courses that VA measures on
a clock hour basis. Schools must maintain adequate records that document
when they must terminate students due to excessive absences.

**b. Reporting.** Public Law 101-237 eliminated the requirement that
NCDs report absences for VA students effective December 18, 1989.

**3.22 FARM COOPERATIVE**

**a. General.** Farm cooperative courses are agricultural courses
offered by schools. They provide institutional training on a reduced
basis to VA students engaged in farming. To be approved, farm
cooperative courses must limit their enrollments to VA students engaged
concurrently in agricultural employment averaging at least 40 hours per
week. Schools may vary the number of hours of instruction offered each
week due to seasonal considerations. The agricultural employment of VA
students must be relevant to cooperative courses. This employment cannot
primarily involve the processing, distribution or sale of agricultural
commodities.

**b. Class Schedules**

\(1\) The institutional portion of farm cooperative courses:

\(a\) May be on a term, quarter, or semester basis; and

\(b\) May consist of courses which:

[1]{.underline}. Are offered during at least 44 weeks of the year; and

[2]{.underline}. Require a minimum of five clock hours per week.

\(2\) The time involved in field trips and individual and group
instruction, sponsored and conducted by schools offering farm
cooperative courses may be counted toward meeting the institutional
clock hour requirements.

**c. Application for Approval.** Along with the application requirements
defined in paragraphs 2.03 and 2.04, schools seeking approval of farm
cooperative courses must submit statements of fact showing the
following:

\(1\) The courses are fully described or otherwise defined in the
school's catalogs or other literature.

\(2\) The agricultural courses are offered concurrently with
agricultural employment.

\(3\) The schools verify on a continuing basis that students are engaged
for an average of at least 40 hours per week in suitable agricultural
employment that is relevant to the institutional agricultural courses
offered by the schools and covers subject matter which is consistent
with their institutional training program.

**d. Suitable Agricultural Employment.** VA does not consider employment
in businesses engaged primarily in the processing, distribution or sale
of agricultural products or combinations thereof to be suitable
agricultural employment.

\(1\) Examples of this type of unacceptable employment include: dairy
processing plants, grain elevators, packing plants, hatcheries,
stockyards, or florist shops. This is not an all inclusive list.

\(2\) For the purposes of this paragraph, suitable agricultural
employment is employment on farms or other agricultural establishments
where the activities are either:

\(a\) The cultivation of the ground such as raising and harvesting of
crops including fruits, vegetables, and pastures.

\(b\) The feeding, breeding, and managing of livestock, including
poultry and other specialized farming.