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38 U.S.C. § 3675 — Approval of accredited courses

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3675 — Approval of accredited courses

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Source location: Title 38, Chapter 36, § 3675; chapter-036-administration-of-educational-benefits.md

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**(a)** (1) A State approving agency, or the Secretary when acting in the role of a State approving agency, may approve accredited programs (including non-degree accredited programs) not covered by [section 3672 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3672&num=0&edition=prelim) when— (A) such courses have been accredited and approved by a nationally recognized accrediting agency or association; (B) such courses are conducted under the Act of February 23, 1917 ([20 U.S.C. 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section11&num=0&edition=prelim) et seq.); 11 See References in Text note below. (C) such courses are accepted by the State department of education for credit for a teacher’s certificate or a teacher’s degree; or (D) such courses are approved by the State as meeting the requirement of regulations prescribed by the Secretary of Health and Human Services under sections 1819(f)(2)(A)(i) and 1919(f)(2)(A)(i) of the Social Security Act ([42 U.S.C. 1395i–3(f)(2)(A)(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395i–3/f/2/A/i&num=0&edition=prelim) and 1396r(f)(2)(A)(i)). (2) (A) For the purposes of this chapter, the Secretary of Education shall publish a list of nationally recognized accrediting agencies and associations which that Secretary determines to be reliable authority as to the quality of training offered by an educational institution. (B) Except as provided in [section 3672(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3672/e&num=0&edition=prelim), a State approving agency may utilize the accreditation of any accrediting association or agency listed pursuant to subparagraph (A) of this paragraph for approval of courses specifically accredited and approved by such accrediting association or agency. (3) (A) An educational institution shall submit an application for approval of courses to the appropriate State approving agency. In making application for approval, the institution (other than an elementary school or secondary school) shall transmit to the State approving agency copies of its catalog or bulletin which must be certified as true and correct in content and policy by an authorized representative of the institution. (B) Each catalog or bulletin transmitted by an institution under subparagraph (A) of this paragraph shall— (i) state with specificity the requirements of the institution with respect to graduation; (ii) include the information required under paragraphs (6) and (7) of [section 3676(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3676/b&num=0&edition=prelim); and (iii) include any attendance standards of the institution, if the institution has and enforces such standards. **(b)** As a condition of approval under this section, the State approving agency, or the Secretary when acting in the role of a State approving agency, must find the following: (1) The educational institution keeps adequate records, as prescribed by the State approving agency, or the Secretary when acting in the role of a State approving agency, to show the progress and grades of the eligible person or veteran and to show that satisfactory standards relating to progress and conduct are enforced. (2) The educational institution maintains a written record of the previous education and training of the eligible person or veteran that clearly indicates that appropriate credit has been given by the educational institution for previous education and training, with the training period shortened proportionately. (3) The educational institution and its approved courses meet the criteria of paragraphs (1), (2), (3), (15), (16), and (18) of [section 3676(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3676/c&num=0&edition=prelim) (or, with respect to such paragraphs (14) and (15), the requirements under such paragraphs are waived pursuant to subsection (f)(1) of [section 3676 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3676&num=0&edition=prelim)). (4) The educational institution— (A) is approved and participates in a program under title IV of the Higher Education Act of 1965 ([20 U.S.C. 1070](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070&num=0&edition=prelim) et seq.); or (B) does not participate in such a program and the Secretary has waived the requirement under this paragraph with respect to the educational institution, and submits to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives notice of such waiver, because the Secretary determines that the educational institution— (i) elects not to participate in such a program; (ii) cannot participate in such a program; or (iii) is in the process of making a good-faith effort to submit an initial application for approval to participate in such a program, except that a waiver under this clause may not be provided for a period of longer than 36 months. (5) The educational institution agrees to, not later than 30 days after any date on which such educational institution becomes subject to an action or event described in [section 3673(e)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3673/e/3&num=0&edition=prelim), submit to the State approving agency, or the Secretary when acting in the role of a State approving agency, a notification of such action or event in such form and containing such information as the Secretary determines appropriate. (6) The educational institution makes available to each eligible person or veteran a copy of the person or veteran’s official transcript in a digital format. **(c)** (1) A State approving agency may approve the entrepreneurship courses offered by a qualified provider of entrepreneurship courses. (2) For purposes of this subsection, the term “entrepreneurship course” means a non-degree, non-credit course of business education that enables or assists a person to start or enhance a small business concern (as defined pursuant to section 3(a) of the Small Business Act ([15 U.S.C. 632(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section632/a&num=0&edition=prelim))). (3) Subsection (a) and paragraphs (1) and (2) of subsection (b) shall not apply to— (A) an entrepreneurship course offered by a qualified provider of entrepreneurship courses; and (B) a qualified provider of entrepreneurship courses by reason of such provider offering one or more entrepreneurship courses. (4) Notwithstanding paragraph (3), a qualified provider of entrepreneurship courses shall maintain such records as the Secretary determines to be necessary to comply with reporting requirements that apply under [section 3684(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3684/a/1&num=0&edition=prelim) with respect to eligible persons and veterans enrolled in an entrepreneurship course offered by the provider. **(d)** (1) The Secretary shall submit to Congress an annual report on any waivers issued pursuant to subsection (b)(4) or [section 3672(b)(2)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3672/b/2/A/i&num=0&edition=prelim). (2) Each report submitted under paragraph (1) shall include, for the year covered by the report, the following: (A) The name of each educational institution for which a waiver was issued. (B) The justification for each such waiver. (C) The total number of waivers issued.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3672 — Approval of courses

**(a)** An eligible person or veteran shall receive the benefits of this chapter and chapters 34 and 35 of this title while enrolled in a course of education offered by an educational institution only if (1) such course is approved as provided in this chapter and chapters 34 and 35 of this title by the State approving agency for the State where such educational institution is located, or by the Secretary, or (2) such course is approved (A) for the enrollment of the particular individual under the provisions of [section 3536 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3536&num=0&edition=prelim) or (B) for special restorative training under subchapter V of chapter 35 of this title. Approval of courses by State approving agencies shall be in accordance with the provisions of this chapter and chapters 34 and 35 of this title and such other regulations and policies as the State approving agency may adopt. Each State approving agency shall furnish the Secretary with a current list of educational institutions specifying courses which it has approved, and, in addition to such list, it shall furnish such other information to the Secretary as it and the Secretary may determine to be necessary to carry out the purposes of this chapter and chapters 34 and 35 of this title. Each State approving agency shall notify the Secretary of the disapproval of any course previously approved and shall set forth the reasons for such disapproval. **(b)** (1) The Secretary shall be responsible for the approval of courses of education offered by any agency of the Federal Government authorized under other laws to supervise such education. The Secretary may approve any course in any other educational institution in accordance with the provisions of thi

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3452 — Definitions

For the purposes of this chapter and chapter 36 of this title— **(a)** (1) The term “eligible veteran” means any veteran who— (A) served on active duty for a period of more than 180 days, any part of which occurred after January 31, 1955, and before January 1, 1977, and was discharged or released therefrom under conditions other than dishonorable; (B) contracted with the Armed Forces and was enlisted in or assigned to a reserve component prior to January 1, 1977, and as a result of such enlistment or assignment served on active duty for a period of more than 180 days, any part of which commenced within 12 months after January 1, 1977, and was discharged or released from such active duty under conditions other than dishonorable; or (C) was discharged or released from active duty, any part of which was performed after January 31, 1955, and before January 1, 1977, or following entrance into active service from an enlistment provided for under subparagraph (B), because of a service-connected disability. (2) The requirement of discharge or release, prescribed in subparagraph (A) or (B) of paragraph (1), shall be waived in the case of any individual who served more than 180 days in an active-duty status for so long as such individual continues on active duty without a break therein. (3) For purposes of paragraph (1)(A) and section 3461(a), the term “active duty” does not include any period during which an individual (A) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (B) served as a cadet or midshipman at one of the service academies, or (C) served under the provisions of [section 12103(d) of title 10](https://uscode.house.gov/view.xhtml?re

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1070 — Repealed. Pub. L. 117–103, div. R, § 103(c)(2), Mar. 15, 2022, 136 Stat. 821

### Statutory Notes Section, Pub. L. 89–329, title IV, § 420R, as added Pub. L. 111–39, title IV, § 401(a)(9), July 1, 2009, 123 Stat. 1939, related to grants for veteran’s dependents, known as Iraq and Afghanistan Service Grants. #### Effective Date of Repeal Repeal effective as if included in title VII of div. FF of Pub. L. 116–260 and subject to the effective date of section 701(b) of title VII (July 1, 2024), see section 103(d) of div. R of Pub. L. 117–103, set out as an Effective Date of 2022 Amendment note under [section 1070a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3034 — Program administration

**(a)** (1) Except as otherwise provided in this chapter, the provisions of sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of this title and the provisions of subchapters I and II of chapter 36 of this title (with the exception of sections 3680(c), 3680(f), 3686(a), and 3687) shall be applicable to the provision of educational assistance under this chapter. (2) The term “eligible veteran”, as used in the provisions of the sections enumerated in paragraph (1) of this subsection, shall be deemed to include an individual who is eligible for educational assistance under this chapter. (3) The Secretary may, without regard to the application to this chapter of so much of the provisions of [section 3471 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3471&num=0&edition=prelim) as prohibit the enrollment of an eligible veteran in a program of education in which the veteran is “already qualified”, and pursuant to such regulations as the Secretary shall prescribe, approve the enrollment of such individual in refresher courses (including courses which will permit such individual to update knowledge and skills or be instructed in the technological advances which have occurred in the individual’s field of employment during and since the period of such veteran’s active military service), deficiency courses, or other preparatory or special education or training courses necessary to enable the individual to pursue an approved program of education. **(b)** Regulations prescribed by the Secretary of Defense under this chapter shall be uniform for the Armed Forces under the jurisdiction of the Secretary of a military department. **(c)** Payment of educational assistance allowance in the case of an eligible individual pursuing a pro

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3676 — Approval of nonaccredited courses

**(a)** No course of education which has not been approved by a State approving agency pursuant to [section 3675 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3675&num=0&edition=prelim), which is offered by a public or private, profit or nonprofit, educational institution shall be approved for the purposes of this chapter unless the educational institution offering such course submits to the appropriate State approving agency a written application for approval of such course in accordance with the provisions of this chapter. **(b)** Such application shall be accompanied by not less than two copies of the current catalog or bulletin which is certified as true and correct in content and policy by an authorized owner or official and includes the following: (1) Identifying data, such as volume number and date of publication; (2) Names of the institution and its governing body, officials and faculty; (3) A calendar of the institution showing legal holidays, beginning and ending date of each quarter, term, or semester, and other important dates; (4) Institution policy and regulations on enrollment with respect to enrollment dates and specific entrance requirements for each course; (5) Institution policy and regulations relative to leave, absences, class cuts, makeup work, tardiness and interruptions for unsatisfactory attendance; (6) 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 grades considered satisfactory, conditions for interruption for unsatisfactory grades or progress and a description of the probationary period, if any, allowed by the institution, and conditions of reentrance f

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3693 — Compliance surveys

**(a)** (1) Except as provided in subsection (b), the Secretary shall conduct an annual compliance survey of educational institutions and training establishments offering one or more courses approved for the enrollment of eligible veterans or persons if at least 20 such veterans or persons are enrolled in any such course. The Secretary shall— (A) design the compliance surveys to ensure that such institutions or establishments, as the case may be, and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title; (B) survey each such educational institution and training establishment not less than once during every 2-year period; and (C) assign not fewer than 1 education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year. (2) The Secretary, in consultation with the State approving agencies, shall— (A) annually determine the parameters of the surveys required under paragraph (1); and (B) not later than September 1 of each year, make available to the State approving agencies a list of the educational institutions and training establishments that will be surveyed during the fiscal year following the date of making such list available. **(b)** The Secretary may waive the requirement in subsection (a)(1) for a compliance survey with respect to an educational institution or training establishment if the Secretary determines, based on the record of compliance of such institution or establishment with all the applicable provisions of chapters 30 through 36 of this title, that the waiver would be appropriate and in the best interest of the United States Government. **(c)** To the maximum extent feasible, the Secretary, or

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1562 — Special provisions relating to pension

**(a)** (1) (A) The Secretary shall pay monthly to each living person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll, and a copy of whose certificate has been delivered to the Secretary under subsection (d) of [section 1134a of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1134a&num=0&edition=prelim), a special pension at the rate described in subparagraph (B), as adjusted from time to time under subsection (e),11 See Special Benefit Allowance Rates note below. beginning as of the date on which the person’s name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll under subsection (b) of such section. (B) The rate described in this subparagraph is equal to the amount of monthly compensation paid to a veteran without dependents under subsection (m) of [section 1114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1114&num=0&edition=prelim), increased to the next intermediate rate under subsection (p) of such section. (2) (A) Except as provided in subparagraphs (B) and (C), the Secretary shall pay special pension under this section to the surviving spouse of a person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll and a copy of whose certificate has been delivered to the Secretary under [section 1134a(d) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1134a/d&num=0&edition=prelim). (B) No special pension shall be paid to a surviving spouse of a person under this section unless such surviving spouse was married to such person— (i) for one year or more prior to the veteran’s death; or (ii) for any period of time if

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3501 — Definitions

**(a)** For the purposes of this chapter and chapter 36 of this title— (1) The term “eligible person” means any of the following: (A) A child of a person who, as a result of qualifying service— (i) died of a service-connected disability; or (ii) has a total disability permanent in nature resulting from a service-connected disability, or who died while a disability so evaluated was in existence. (B) The surviving spouse of any person who died of a service-connected disability sustained during a period of qualifying service. (C) The spouse or child of any member of the Armed Forces serving on active duty who, at the time of application for benefits under this chapter is listed, pursuant to [section 556 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section556&num=0&edition=prelim) and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power. (D) (i) The spouse of any person who has a total disability permanent in nature resulting from a service-connected disability sustained during a period of qualifying service, or (ii) the surviving spouse of a veteran who died while a disability so evaluated was in existence. (E) The spouse or child of a person who— (i) at the time of the Secretary’s determination under clause (ii), is a member of the Armed Forces who is hospitalized or receiving outpatient medical care, services, or treatment; (ii) the Secretary determines has a total disability permanent in nature incurred or aggravated in the line

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3688 — Measurement of courses

**(a)** For the purposes of this chapter and chapters 34 and 35 of this title— (1) an institutional trade or technical course offered on a clock-hour basis, not leading to a standard college degree, involving shop practice as an integral part thereof, shall be considered a full-time course when a minimum of 22 hours per week of attendance (excluding supervised study) is required, with no more than 2½ hours of rest periods per week allowed; (2) an institutional course offered on a clock-hour basis, not leading to a standard college degree, in which theoretical or classroom instruction predominates shall be considered a full-time course when a minimum of 18 hours per week net of instruction (excluding supervised study but which may include customary intervals not to exceed 10 minutes between hours of instruction) is required; (3) an academic high school course requiring sixteen units for a full course shall be considered a full-time course when (A) a minimum of four units per year is required or (B) an individual is pursuing a program of education leading to an accredited high school diploma at a rate which, if continued, would result in receipt of such a diploma in four ordinary school years. For the purpose of subclause (A) of this clause, a unit is defined to be not less than one hundred and twenty sixty-minute hours or their equivalent of study in any subject in one academic year; (4) an institutional undergraduate course offered by a college or university on a standard quarter- or semester-hour basis, other than a course pursued as part of a program of education beyond the baccalaureate level, shall be considered a full-time course when a minimum of fourteen semester hours per semester or the equivalent thereof (including such hours for which no credit is granted

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