Current as of October 03, 2022 | Updated by FindLaw Staff
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(a) Satisfactory pursuit of program. In order to receive payments of educational assistance under 38 U.S.C. chapter 33 for pursuit of a program of education, an individual must maintain satisfactory progress. VA will discontinue payments of educational assistance if the individual does not maintain satisfactory progress. Progress is unsatisfactory if the individual does not satisfactorily progress according to the regularly prescribed standards of the institution of higher learning he or she is attending.
(Authority: 38 U.S.C. 3034(a), 3323(a), 3474)
(b) Satisfactory conduct. In order to receive educational assistance for pursuit of a program of education, an individual must maintain satisfactory conduct according to the regularly prescribed standards and practices of the institution of higher learning in which he or she is enrolled. If the individual will no longer be retained as a student or will not be readmitted as a student by the institution of higher learning in which he or she is enrolled, VA will discontinue educational assistance, unless further development establishes that the institution of higher learning's action is wrongfully retaliatory in nature.
(Authority: 38 U.S.C. 3034(a), 3323(a), 3474)
(c) Satisfactory attendance. In order to receive educational assistance for pursuit of a program of education, an individual must maintain satisfactory attendance. VA will discontinue educational assistance if the individual does not maintain satisfactory attendance. Attendance is unsatisfactory if the individual does not attend according to the regularly prescribed standards of the institution of higher learning in which he or she is enrolled.
(Authority: 38 U.S.C. 3034(a), 3323(a), 3474)
(d) Reentrance after discontinuance.
(1) An eligible individual may be reentered following discontinuance because of unsatisfactory attendance, conduct, or progress when either:
(i) The individual resumes enrollment at the same institution of higher learning in the same program of education and the institution of higher learning has both approved the individual's reenrollment and certified it to VA; or
(ii) VA determines that—
(A) The cause of the unsatisfactory attendance, conduct or progress has been removed, and
(B) The program that the individual now proposes to pursue is suitable to his or her aptitudes, interests, and abilities.
(2) Reentrance may be for the same program, a revised program, or an entirely different program depending on the cause of the discontinuance and the removal of that cause.
(Authority: 38 U.S.C. 3034(a), 3323(a), 3474)
Cite this article: FindLaw.com - Code of Federal Regulations Title 38. Pensions, Bonuses, and Veterans' Relief § 38.21.9725 Progress and conduct - last updated October 03, 2022 | https://codes.findlaw.com/cfr/title-38-pensions-bonuses-and-veterans-relief/cfr-sect-38-21-9725/
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