Standards for the Approval of Courses for the Education of Persons Under Veterans’ Education

PURPOSE: The State Board of Education has the authority to establish standards for the approval of courses for the education of eligible persons as provided by Title 38 of the Code of Federal Regulations, part 21. This rule proposes common approval standards for this program. PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) All references to the State Board of Education (the board) in this rule may be construed to include the Department of Elementary and Secondary Education (DESE) and the appropriate program section. The provisions of this section apply to accredited courses and nonaccredited courses. (A) A course shall not be approved unless the institution has operated that course successfully for a period of twentyfour (24) calendar months for veterans’ education courses. Successful operation shall mean an operation which is sound educationally, legally, and financially. The following are exceptions: 1. Any course to be pursued in a public or other taxsupported educational institution; 2. Any course which is offered for veterans’ education by a non-college degree (NCD) institution and/or a non-accredited institution of higher learning (IHL) where at least one (1) course is already approved; 3. Any course which has been offered by an educational institution for a period of more than two (2) years notwith standing the institution has moved to another location within the same general locality or has made a complete move with substantially the same faculty, curricula, and students, without change in ownership; or 4. Any course which is offered by an educational institution of college level and which is recognized for credit toward a standard college degree. (B) The educational institution must operate in compliance with all applicable federal, state laws and/or regulations, and/ or local ordinances. (C) The institution shall make available the instructional facilities and all appropriate records and accounts for inspection by the authorized representatives of DESE, United States Department of Education, and the Department of Veterans Affairs. (D) Institutions may make a request for an exception to any of the requirements or provisions of this rule. The institutions must make the request in writing and provide justification for the exception. An exception may be allowed only at the discretion of DESE. (E) Any approval issued under the provisions of this rule may be withdrawn or suspended by DESE for cause. Before any approval is suspended or withdrawn, DESE shall serve a notice in writing to the affected institution with a statement of the reason for its action, unless exigent circumstances warrant immediate suspension of future enrollments. The notice shall be served not less than ten (10) days before the effective date of the action. Upon request during the ten- (10-) day period, the institution shall be entitled to a hearing before DESE. The affected institution shall be notified within a reasonable time of DESE’s action. (F) Advertising must be completely truthful and factual and must avoid leaving any misleading, false, or exaggerated impression, either by actual statement, omission, or intimation. 1. Institutions which have courses approved for eligible persons shall limit their advertisement of this fact to a statement such as Approved for Veterans’ Education by DESE, Approved for Veterans, or GI Bill® Approved. Statements such as Approved by the Department of Veterans Affairs (VA) or VA Approved are not acceptable as the Department of Veterans Affairs is not the approving agency. 2. The VA owns United States Trademark Registration 4,225,784 for the phrase “GI Bill®.” Third-party use of the trademark is restricted to education and training institutions eligible to receive VA education benefits, state approving agencies, and recognized veterans service organizations. These authorized third parties may use the registered trademark ‘‘GI Bill®’’ in print, electronic, digital, radio, or other media as established by the terms of use. Parties not identified are prohibited from using “GI Bill®” in any manner that directly or indirectly implies a relationship, affiliation, or endorsement with the United States Department of Veterans Affairs. 3. The trademark symbol “®” should be placed at the upper right corner of the trademarked phrase in the most prominent place at first usage, such as the title of a brochure, form, or webpage and include the trademark attribution notice prominently visible: ‘‘GI Bill®” is a registered trademark of the U.S. Department of Veterans Affairs. 4. Advertising must clearly indicate that training or education and not employment is being offered. Advertising under help wanted classifications is prohibited. 5. Advertising must include the correct name and location of the institution. 6. Institutions shall assume full responsibility for the actions, statements, and conduct of their field representatives. 7. Institutions with courses approved by DESE must comply with the advertising criteria of state-approving agencies in the states in which advertising is used. (G) For veterans’ education, a course with a vocational AND SECONDARY EDUCATION objective will not be approved unless the eligible person or the institution offering that course, establishes that at least one-half (1/2) of the persons completing the course, over the preceding two- (2-) year period, excluding the number of persons who completed those courses with assistance under Title 38, United States Code (U.S.C.), while serving on active duty and the number of persons who are unavailable for employment, have been employed in the occupational category for which the course was designed to provide training. (H) A change of ownership, administration, or location without consent of DESE shall be sufficient cause to withdraw the approval or suspend future enrollments. (I) Institutions which have live projects as a part of the instruction program shall submit a statement of policies for approval by DESE. The purpose of the policy is to prevent schools from emphasizing a commercial enterprise rather than work related to hands-on and classroom training. 1. The statement of policies must provide information regarding charges for instructor and student labor and materials used in live projects instruction. 2. The institution shall keep records on file concerning live projects which will show that the institution is not violating its statement of policies. 3. The utilization of participants in custodial maintenance within the school for areas other than the immediate shop or work area is expressly forbidden. 4. Students cannot perform capital improvements on buildings and facilities owned by a private-for-profit agency. Capital improvements are any modification, addition or restoration which increases the usefulness, productivity, or serviceable life of an existing building or structure, or major item of equipment which is classified for accounting purposes as a fixed asset and the recorded value is increased by the cost of the improvement and subject to depreciation. (J) The charges for tuition, fees, and other charges for the course or program of education shall be reasonable, based on the services to be rendered, the books, supplies, and equipment to be furnished, and the operating costs of the institution. (2) The provisions of this section apply to accredited courses. (A) A course may be approved as an accredited course if it meets one (1) of the following requirements: 1. The course has been accredited and approved by a nationally recognized accrediting agency or association. Candidate for accreditation status is not a basis for approval of a course as accredited; 2. Credit for the course is recognized by DESE for credit toward a high school diploma or for a certificate of license to teach; or 3. The course is conducted under 20 U.S.C. 11-28 concerning vocational education. (B) Any curriculum offered by an educational institution which is a member of one (1) of the nationally recognized accrediting agencies or associations and which leads to a degree, diploma, or certificate may be accepted as an accredited course by DESE. Any curriculum accredited by one (1) of the specialized nationally recognized accrediting agencies or associations and which leads to a degree, diploma, or certificate may also be accepted as an accredited course by DESE. Approval of the individual subjects, required or elective, which are designated as a part of the curriculum will not be necessary. This approval may include noncredit subjects that are prescribed as a required part of the curriculum. The course objective may be educational leading to a high school diploma or a standard college degree or it may be vocational or professional leading to an occupation. (C) A nationally recognized accrediting agency or association is one (1) that appears on the list published by the United States Department of Education. DESE may utilize the accreditation of accrediting agencies or associations for approval of the course specifically accredited and approved by that agency or association. (D) Applications for initial approval or for approval of additional courses shall be made on the application provided by DESE. The application form and attachments should be submitted to the director of Veterans’ Education, DESE, electronically to mosaa@dese.mo.gov. Courses for programspecific purposes will be approved by the respective program. The application shall include the required copies of the school’s catalog or bulletin, which must be certified as true and correct in content and policy by an authorized representative of the school. The catalog, bulletin, or separate publication must specifically state the following: 1. Institution policy and regulations relative to standards of progress required of the student by the institution. This policy will define the grading system of the institution, the minimum grade considered satisfactory, conditions for the interruption for unsatisfactory grades or progress, and a description of the probationary period, if any, allowed by the institution and conditions of reentrance for those students dismissed for unsatisfactory progress. A statement will be made regarding progress records kept by the institution and furnished to the student; 2. Institution policy and regulations relating to student conduct, conditions for dismissal for unsatisfactory conduct, and conditions of reentrance of students dismissed for unsatisfactory conduct; and 3. Institution policy and regulations relating to student attendance for resident courses not leading to a standard college degree, conditions for dismissal for unsatisfactory attendance, and conditions of reentrance of students dismissed for unsatisfactory attendance. (E) DESE may approve the application of the school when the school and the courses are found to have met the following criteria: 1. Adequate records are kept by the school to show the progress of each eligible person. A. The records must be sufficient to show continued pursuit at the rate for which enrolled and the progress being made. B. They must include a final grade in each subject for each term, quarter, or semester; record of withdrawal from any subject to include the last day of attendance for a resident course; and record of reenrollment in subjects from which there was a withdrawal. C. The school must provide a system for establishing and reporting promptly to DESE, Department of Veterans Affairs, or other appropriate federal agency the last date of attendance or the last date of pursuit of an eligible person who discontinues a subject(s) or fails to comply with the school’s withdrawal procedures. D. They may include records such as attendance for resident courses, periodic grades, and examination results; 2. The school maintains a written record of previous education and training of the eligible person, which clearly indicates that appropriate credit has been given by the school for previous education and training, with the training period shortened proportionately and the person and the Department of Veterans Affairs. The record must be cumulative in that the results of each enrollment period, whether term, quarter, or semester, must be included so that it shows each subject undertaken and the final result—that is, passed, failed, incomplete, or withdrawn; 3. The school enforces a policy relative to standards of conduct and progress required of the eligible persons. A. The school policy relative to standards of progress must be specific enough to determine the point in time when educational benefits should be discontinued, when the eligible person ceases to make satisfactory progress. B. No eligible person will be considered to have made satisfactory progress when he or she fails all subjects undertaken, except when there is a showing of mitigating circumstances, when enrolled in two (2) or more unit subjects. C. The policy must include the grade or grade point average that will be maintained if the student is to graduate. For example, a college must require a 1.5 grade point average the first year, a 1.75 average at mid-year the second year, and a cumulative average of 2.0 thereafter on the basis of 4.0 for an A. The policy may include a probationary period of two (2) quarters or semesters when the student falls below the required average. If a probationary period is allowed, it will not be necessary to report unsatisfactory progress to the Department of Veterans Affairs until the completion of the probationary period. D. The enrollment of a veteran or other person eligible for veterans’ benefits shall not be considered valid under applicable federal law and/or regulation for a course for which the grade assigned is not used in computing the requirements for graduation, including a course from which a student withdraws after an official drop-add period, not to exceed thirty (30) days, unless there are mitigating circumstances; 4. The school maintains adequate attendance records for eligible persons enrolled in resident courses not leading to a standard college degree; and 5. The school must provide, upon request by DESE, an authenticated copy of the latest report of accreditation from the appropriate accreditation agency(ies). (3) The provisions of this section apply to courses that cannot be considered as accredited courses pursuant to this rule. (A) Applications for initial approval or for approval of additional courses shall be made on the application provided by DESE. The required copies of the completed application and all attached materials should be submitted to DESE. (B) The school shall notify the appropriate section of DESE of any change in personnel, charges, ownership, or any other information contained in the initial application. The changes shall be submitted promptly on forms provided by DESE. (C) The institution must be financially sound and capable of fulfilling its commitments for the approved educational program. (D) The institution must require good discipline, orderliness, and regular attendance at all times. (E) The institution shall publish its standards of conduct, progress and attendance which are required of students and shall enforce these standards. These standards must define the following: 1. The school’s grading system; 2. The minimum satisfactory grade level; 3. Conditions for interruption of training due to unsatisfac tory grades or progress; 4. A description of any probationary period; 5. Conditions for a student’s reentrance/readmission fol lowing dismissal and/or suspension for unsatisfactory progress, conduct or attendance; and 6. Conditions for dismissal due to unsatisfactory conduct and/or attendance. (F) Good housekeeping must be maintained throughout the institution at all times. (G) There shall be sufficient, qualified, and capable personnel connected with the institution to ensure good administration, supervision, and instruction. 1. All personnel connected with the institution shall be of good reputation and character. 2. The administrator shall have at least three (3) years of experience in a public or private school in administrative work or possess a college degree with at least a minor in the field of administration. 3. All instructors must be proficient in the trade or occupa tion to be taught, as evidenced by at least three (3) years of ex perience beyond the learning stage in the trade, occupation, or subject or shall possess a college degree with at least a minor in the subject involved. These qualifications must be clearly shown on a personnel record form provided by DESE for each person on the school staff. 4. No instructor shall have a daily schedule (both in school and outside of school) of more than fifty-five (55) hours per week, nor shall any instructor be engaged in instructional work for more than forty-eight (48) hours per week. The instructional workday of instructors will include break times allowed the students. Business school teachers shall not teach more than forty-eight (48) hours per week including evening school. (H) The institution must provide adequate facilities. 1. All classroom, laboratory, and shop areas must be welllighted, heated, and ventilated. 2. Adequate space must be provided in classrooms, laboratories, and shops for the number to be trained. 3. Separate toilet facilities must be provided for both sexes, if both sexes are enrolled in the institution. At least one (1) stool must be provided for each twenty-five (25) students and at least one (1) urinal for each thirty-five (35) male students. Adequate lavatory facilities must be provided in those institutions involving work with laboratory or shop tools. 4. Adequate locker space must be provided each student in those institutions where needed for storage of student tools, supplies, and/or clothing. 5. Classrooms must be equipped with comfortable chairs and tables or armchairs and with a blackboard of sufficient size for use by the instructors. Classrooms must be separate from shops and laboratories and must be partitioned so that there is a minimum of noise from shops and laboratories. 6. An adequate library, learning resource center, or quiet study area must be provided that is easily accessible and which contains sufficient reference materials so that each student will be provided with essential related information. 7. Tools and/or laboratory equipment must be provided in sufficient quantities and in good quality. 8. Teaching materials must include modern teaching aids, smartboards, computers, charts, films, projectors, mock-ups, models, and the like, when those materials are necessary to the teaching of the trade, occupation, or subject. 9. Institutions may not be operated in connection with a commercial enterprise unless approved by DESE. 10. Institutions shall not be located in conjunction with living quarters. 11. Accommodations for the disabled shall be provided by the institution in accordance with applicable federal and state laws and/or regulations. (I) The course of study must be adequate to prepare the student for the stated course objective. AND SECONDARY EDUCATION 1. The course of study shall be consistent in quality, content, and length with similar courses offered by public and private schools in the state which have recognized accepted standards. 2. The course of study shall provide for a schedule of the tests and examinations to be given. 3. The grading policy must provide for periodic evaluation of the student’s proficiency and progress. (J) A copy of the course outline, schedule of tuition, fees and other charges, regulations pertaining to absences, grading policy, and rules of operation and conduct will be furnished the eligible person upon enrollment. The established student complaint procedures must be posted in a conspicuous place within the school. (K) Upon completion of training, the eligible person will be given a certificate by the school indicating the approved course and indicating that training was satisfactorily completed. (L) The school must maintain adequate records, which in clude the following: 1. A written record of the previous education and training of the eligible person that clearly indicates that appropriate credit has been given for previous education and training, with the training period shortened proportionately and the eligible persons and the Department of Veterans Affairs so notified; 2. Accurate and current records of attendance, tardiness, makeup work, proficiency, and progress; 3. Individual instructor’s class records and permanent office records for each student; 4. Placement or location records for graduates; 5. The institution shall maintain financial records in ac cordance with generally accepted accounting principles and which accurately reflect and support the receipts and charges applicable to veterans. Further, all these records and support ing documents shall be retained in accordance with current state and/or federal laws and/or regulations; and 6. The institution shall submit any records, documents, reports, and/or data requested by DESE necessary for the ad ministration of the veterans program. (M) The charges for tuition, fees, and other charges for the course or program of education shall be reasonable, based on the services to be rendered, the books, supplies, and equipment to be furnished, and the operating costs of the institutions. The following referral policy applies only to eligible persons receiving veterans’ benefits: 1. The institution shall establish and maintain a policy for the refund of the unused portion of tuition, fees, and other charges in the event an eligible person fails to enter the course or withdraws or is discontinued at any time prior to comple tion and the policy shall provide that the amount charged to the eligible person for tuition, fees, and other charges for a portion of the course does not exceed the approximate pro rata portion of the total charges for tuition, fees, and other charges that the length of the completed portion of the course bears to its total length. (N) The institution shall use a satisfactory method of selecting students. Entrance requirements shall be based upon ability of the individual to perform at a level commensurate with the physical or mental demands, or both, of the course. Instruments for measuring ability shall include previous school records, previous work records, psychological testing as and when necessary. (O) An accurate and current organizational chart shall be available showing the following: 1. Daily hours of instruction including beginning and ending time of classes, lunch, break periods, and the like; 2. Instructor’s schedule including instructor’s name, sub ject taught, time, and room assignment; and 3. A class schedule must be maintained for each student in institutions having a curriculum composed of single unit subjects. (4) Title 38 of the Code of Federal Regulations, part 21, is hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 N. Capitol Street NW, Washington, DC 20401-0001, June 2024. Copies of this regulation can also be obtained from the Department of Elementary and Secondary Education, Office of Adult Learning and Rehabilitation Services, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/governmental-affairs/dese-administrativerules/incorporated-reference-materials. This rule does not incorporate any subsequent amendments or additions. AUTHORITY: sections 161.092, 161.172, 178.430, 178.590, and 178.610, RSMo 2016, and section 178.530, RSMo Supp. 2025.* This rule previously filed as 5 CSR 60-900.050. Original rule filed July 7, 2000, effective Feb. 28, 2001. Amended: Filed Sept. 24, 2002, effective April 30, 2003. Amended: Filed May 2, 2003, effective Dec. 30, 2003. Moved to 5 CSR 20-500.370, effective Aug. 16, 2011. Amended: Filed Dec. 12, 2025, effective July 30, 2026. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 161.172, RSMo 1963; 178.430, RSMo 1963; 178.530, RSMo 1963, amended 1977, 1991, 1995, 2012, 2013, 2019; 178.590, RSMo 1963; and 178.610, RSMo 1963.