Notice of Proposed Rule

DEPARTMENT OF VETERANS' AFFAIRS
Division of Veterans’ Benefits and Assistance
RULE NO: RULE TITLE
55A-5.004: State Approval of Educational Courses
PURPOSE AND EFFECT: To update contact information.
SUMMARY: Standards for State Approval
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 292.05(3) FS.
LAW IMPLEMENTED: 295.124 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ron Lynn, (850)487-1533

THE FULL TEXT OF THE PROPOSED RULE IS:

55A-5.004 State Approval of Educational Courses.

(1) Under the provisions of Section 3672, Chapter 36 of Title 38, United States Code, and the contract entered into between the Bureau and the United States Department of Veterans’ Affairs (U.S.D.V.A.), the Bureau of State Approving for Veterans’ Training is charged with the responsibility of reviewing and approving courses offered by certain accredited and nonaccredited institutions of higher learning and accredited and nonaccredited noncollege degree institutions and courses, specifying courses which it has approved to the Secretary of Veterans’ Affairs so that eligible veterans or other eligible persons enrolled in such courses may receive veterans’ benefits for their attendance.

(2) In order that an educational institution may have its courses reviewed and approved by the Bureau, it shall submit to the Bureau two copies of an application for approval and two copies of its catalog or bulletin certified as true and correct in content and policy by an authorized representative of the school. Copies of the application form and attachments may be obtained from the Bureau’s address at: 9500 Bay Pines Blvd., St. Petersburg, Florida 33708. Application shall be made by completing the application form and attachments, Forms FDVA-BSA-96-(09/90), Personal Data for School Personnel, and FDVA-BSA-113-(01-95), Resident School Application for Approval to Offer Training, hereby incorporated by reference, and submitting them to the Bureau together with the required copies of its catalog or bulletin. Copies of the forms may be obtained from the Bureau’s address at: 1353 East Lafayette, Suite C, Tallahassee, FL 32301-4746.

(3) Upon receipt of a properly completed application and two certified copies of the catalog or bulletin, the Bureau shall review the catalog or bulletin to determine whether the courses offered by the educational institution meet the requirements contained in Section 3675 or 3676 of Chapter 36, Title 38, United States Code, or any applicable federal regulations.

(4) The Bureau shall also send a representative to the site of the educational institution to make an on-site inspection of the institution’s facilities and records in order to ensure their compliance with federal and state law.

(5) Once a determination has been made by the Bureau, it shall notify the educational institution which has made application of its decision in writing. When the decision is to approve courses, the letter shall indicate the courses which have been approved, and an official copy of the letter shall be furnished to the Secretary of Veterans’ Affairs. The letter to the Secretary shall be accompanied by a copy of the catalog or bulletin of the institution as approved by the Bureau and any other information required by Section 3678 of Title 38, United States Code. An educational institution which has its courses or any of them disapproved by the Bureau shall be notified of such disapproval by a certified or registered letter of notification and a return receipt secured. A copy of the letter of disapproval shall likewise be furnished to the Secretary of Veterans’ Affairs.

(6) The educational institution is required to keep the Bureau informed of: any changes in a program or curriculum, change in a school calendar, institution of a new degree program, issuance of a new school catalog, change of ownership or management, a move, or other changes in its operations relating to approved programs. The educational institution shall submit to the Bureau the information concerning the change. The Bureau will review the changes, make an on-site inspection visit if necessary, and request any additional material needed. The Bureau will then issue an approval or denial letter to the educational institution concerning the changes with an official copy of the letter furnished to the Secretary of Veterans’ Affairs.

Specific Authority 292.05(3) FS. Law Implemented 295.124 FS. History–New 9-2-79, Amended 5-27-80, Formerly 9H-5.04, 22S-5.04, 22S-5.004, Amended 10-30-89, 12-5-95,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: David Herman
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Earl Daniell
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 4, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 15, 2008