1. (a) Courses must be approved.

   1. (1) A course of education, including the class schedules of a resident course not leading to a standard college degree, offered by an educational institution must be approved by—

      1. (i) The State approving agency for the State in which the educational institution is located, or
      2. (ii) The State approving agency which has appropriate approval authority, or
      3. (iii) VA, where appropriate. In determining when it is appropriate for VA to approve a course, VA will apply the provisions of § 21.4250(b)(3) and (c) of this part.

   2. (2) A course approved under 38 U.S.C. chapter 36 is approved for the purposes of 38 U.S.C. chapter 30 unless it is one of the types of courses listed in § 21.7222 of this part.

      (Authority: 38 U.S.C. 3034, 3672; Pub. L. 98-525)

2. (b) Course approval criteria. In administering benefits payable under 38 U.S.C. chapter 30, VA and, where appropriate, the State approving agencies, shall apply the following sections.

   1. (1) Section 21.4250 (except paragraph (c)(1))—Jurisdiction for course and licensing and certification test approval and approval notices;
   2. (2) Section 21.4251—Minimum period of operation requirement for educational institutions;
   3. (3) Section 21.4253 (except that portion of paragraph (f)(3) which permits approval of a course leading to a high school diploma)—Accredited courses;
   4. (4) Section 21.4254—Nonaccredited courses;
   5. (5) Section 21.4255—Refund policy—nonaccredited courses;
   6. (6) Section 21.4258—Notice of approval;
   7. (7) Section 21.4259—Suspension or disapproval;
   8. (8) Section 21.4260—Courses in foreign countries;
   9. (9) Section 21.4265—Practical training approved as institutional training or on-job training;
   10. (10) Section 21.4266—Courses offered at subsidiary branches or extensions;
   11. (11) Section 21.4267—Approval of independent study; and

   12. (12) Section 21.4268—Approval of licensing and certification tests.

       (Authority: 38 U.S.C. 3034, 3476, 3672, 3675, 3676, 3678, 3679, 3680A, 3689)

3. (c) Flight training. VA and the State approving agencies shall apply the provisions of § 21.4263 when approving flight training under 38 U.S.C. ch. 30.

   (Authority: 38 U.S.C. 3034)

[53 FR 1757, Jan. 22, 1988, as amended at 55 FR 28392, July 11, 1990; 56 FR 20136, May 2, 1991; 57 FR 15026, Apr. 24, 1992; 61 FR 6790, Feb. 22, 1996; 63 FR 34131, June 23, 1998; 72 FR 16983, Apr. 5, 2007]