38 C.F.R. § 21.4152

Control by agencies of the United States

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(a) Control of educational institutions and State agencies generally prohibited. No department, agency, or officer of the United States will exercise any supervision or control over any State approving agency or State educational agency, or any educational institution.

(Authority: 38 U.S.C. 3682; Pub. L. 100-323)

(b) Authority retained by VA. The provisions of paragraph (a) of this section do not restrict authority conferred on VA

(1) To define full-time training in certain courses.

(2) To determine whether overcharges were made by a school and to disapprove the school for enrollment of veterans or eligible persons not previously enrolled. See § 21.4210(d).

(3) To determine whether the State approving agencies under the terms of contract or reimbursement agreements are complying with the standards and provisions of the law.

(4) To examine the records and accounts of schools which are required to be made available for examination by duly authorized representatives of the Federal Government. See §§ 21.4209 and 21.4263.

(5) To disapprove schools, courses, or licensing or certification tests for reasons stated in the law and to approve schools, courses, or licensing or certification tests notwithstanding lack of State approval.

[31 FR 6774, May 6, 1966, as amended at 54 FR 49756, Dec. 1, 1989; 61 FR 29296, June 10, 1996; 63 FR 35831, July 1, 1998; 72 FR 16969, Apr. 5, 2007]

Notes of Decisions

Cited in 2 cases, 1996–1996 · leading case: Piotrowski v. Brown, 8 Vet. App. 495 (Vet. App. 1996).

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Piotrowski v. Brown, 8 Vet. App. 495 (Vet. App. 1996). “However, the Secretary failed to explain how 38 C.F.R. § 21.4152 (b)(5) (1995) relates to this case, and whether or not VA was authorized by any of the relevant statutory provisions to promulgate § 21.”

Piotrowski v. Brown, 9 Vet. App. 215 (Vet. App. 1996). “As to 38 C.F.R. § 21.4152 (b)(5) (1995), it should be noted that paragraph (b) does not in itself grant any authority to the Secretary, but merely states that § 21.”

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