§ 21.4258. Notice of approval.
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/us/cfr/t38/s§ 21.4258·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General; letter of approval and other notice of approval requirements. The State approving agency, upon determining that an educational institution, training establishment, or organization or entity offering a licensing or certification test has complied with all the requirements for approval will---
(1)Notify by letter, as described in paragraph
(b)of this section, each such educational institution, training establishment, or organization or entity offering a licensing or certification test; and
(2)Furnish VA an official copy of the letter, any attachments, and any subsequent amendments. In addition, the State approving agency will furnish VA a copy of each such---
(i)Educational institution's approved catalog or bulletin;
(ii)Training establishment's application requesting approval; or
(iii)Organization's or entity's candidate handbook.
(b)Contents of letter of approval. The letter of approval will include the following:
(1)For an educational institution:
(i)Date of the letter and effective date of approval of courses;
(ii)Proper address and name of the educational institution;
(iii)Authority for approval and conditions of approval, referring specifically to the approved catalog or bulletin;
(iv)Name of each course approved, except that a State approving agency, in lieu of listing the name of each course approved at an institution of higher learning, may identify approved courses by reference to page numbers in the school catalog or bulletin;
(v)Where applicable, enrollment limitations, such as maximum number of students authorized and student-teacher ratio;
(vi)Signature of responsible official of State approving agency; and
(vii)Such other fair and reasonable provisions as are considered necessary by the appropriate State approving agency.
(2)For a training establishment:
(i)Date of the letter and effective date of approval of the apprentice or other on-the-job training;
(ii)Proper address and name of the training establishment;
(iii)Authority for approval and conditions of approval;
(iv)Name of the approved program of apprenticeship or other on-the-job training;
(v)Where applicable, enrollment limitations, such as maximum number of trainees authorized;
(vi)Such other fair and reasonable provisions as are considered necessary by the appropriate State approving agency; and
(vii)Signature of responsible official of State approving agency.
(3)For an organization or entity offering a licensing or certification test:
(i)Date of the letter and effective date of approval of test(s);
(ii)Proper name of the organization or entity offering the licensing or certification test(s);
(iii)Name of each test approved indicating whether it is a licensing test or certification test;
(iv)Where applicable, enrollment limitations such as maximum numbers authorized and test taker-test proctor ratio; and
(v)Signature of responsible official of State approving agency. (Authority: 38 U.S.C. 3672, 3678, 3689)
(c)Compliance with equal opportunity laws.
(1)The State approving agency shall solicit assurance of compliance with:
(i)Title VI, Civil Rights Act of 1964,
(ii)Title IX, Education Amendments of 1972, as amended,
(iii)Section 504, Rehabilitation Act of 1973,
(iv)The Age Discrimination Act of 1975, and
(v)All Department of Veterans Affairs regulations adopted to carry out these laws.
(2)The State approving agency shall solicit this assurance from:
(i)Proprietary vocational, trade, technical, or other institutions and such schools not a part of a public elementary or secondary school.
(ii)All other educational institutions which the Department of Education has not determined to be in compliance with the equal opportunity laws listed in paragraph (c)(1) of this section.
(3)Whenever a State approving agency forwards to VA a Notice of Approval for a course offered by an institution described in paragraph (c)(2) of this section, it shall also forward the institution's signed statement of compliance with these equal opportunity laws. (The Office of Management and Budget has approved the information collection provisions in this section under control number 2900-0051) (20 U.S.C. 1681 et seq.; 29 U.S.C. 794; 38 U.S.C. 501, 3671; 42 U.S.C. 2000d, 6101 et seq.; 38 CFR parts 18, 18a, 18b) \[31 FR 6774, May 6, 1966, as amended at 32 FR 3979, Mar. 11, 1967; 32 FR 13405, Sept. 23, 1967; 51 FR 26158, July 21, 1986; 72 FR 16974, Apr. 5, 2007\]
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