38 U.S.C. § 3675

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 3675 - Approval of accredited courses

(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 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 et seq.);¹

(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) 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, 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; 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), (14), (15), and (16) of section 3676(c) of this title (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).

(4) The educational institution is approved and participates in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) or the Secretary has waived the requirement under this paragraph with respect to an 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.

(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))).

(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 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.

(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.

¹See References in Text note below.

38 U.S.C. § 3675

Added Pub. L. 88-126, §1, Sept. 23, 1963, 77 Stat. 159, §1775; amended Pub. L. 89-358, §3(a)(8), Mar. 3, 1966, 80 Stat. 21; Pub. L. 94-502, title V, §§504, 513(a)(2), Oct. 15, 1976, 90 Stat. 2399, 2402; Pub. L. 96-466, title VIII, §801(d), Oct. 17, 1980, 94 Stat. 2216; Pub. L. 101-237, title IV, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered §3675 and amended Pub. L. 102-83, §5(a), (c) (1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568, title III, §312, Oct. 29, 1992, 106 Stat. 4330; Pub. L. 103-446, title VI, §605(a)(2)(A), Nov. 2, 1994, 108 Stat. 4672; Pub. L. 104-275, title I, §103(c), Oct. 9, 1996, 110 Stat. 3326; Pub. L. 108-183, title III, §305(a), Dec. 16, 2003, 117 Stat. 2660; Pub. L. 108-454, title I, §110(c)(1), Dec. 10, 2004, 118 Stat. 3605; Pub. L. 111-377, title II, §203(c), Jan. 4, 2011, 124 Stat. 4125; Pub. L. 114-315, title IV, §§408(b), Dec. 16, 2016, 409, Dec. 16, 2016, 130 Stat. 1558, 1560, 1561; Pub. L. 116-315, title I, §1015(a), Jan. 5, 2021, 134 Stat. 4945.

EDITORIAL NOTES

REFERENCES IN TEXTAct of February 23, 1917, referred to in subsec. (a)(1)(B), is act Feb. 23, 1917, ch. 114, 39 Stat. 929, known as the Smith-Hughes Vocational Education Act, which was classified to sections 11 to 15 and 16 to 28 of Title 20, Education, prior to repeal by Pub. L. 105-33, title VI, §62016201,, 111 Stat. 653. For complete classification of this Act to the Code, see Short Title note set out under section 11 of Title 20 and Tables.The Higher Education Act of 1965, referred to in subsec. (b)(4), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is classified generally to subchapter IV (§1070 et seq.) of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see section 1 of Pub. L. 89-329 set out as a Short Title note under section 1001 of Title 20 and Tables.

AMENDMENTS2021-Subsec. (b)(4). Pub. L. 116-315, §1015(a)(1), added par. (4).Subsec. (d). Pub. L. 116-315, §1015(a)(2), added subsec. (d). 2016-Subsec. (a)(1). Pub. L. 114-315, §408(b)(1), substituted "A State approving agency, or the Secretary when acting in the role of a State approving agency," for "The Secretary or a State approving agency" and "not covered by section 3672 of this title" for "offered by proprietary for-profit educational institutions" in introductory provisions. Subsec. (b). Pub. L. 114-315, §408(b)(2)(A), substituted "the State approving agency, or the Secretary when acting in the role of a State approving agency," for "the Secretary or the State approving agency" in introductory provisions.Subsec. (b)(1). Pub. L. 114-315, §408(b)(2)(B), substituted "the State approving agency, or the Secretary when acting in the role of a State approving agency" for "the Secretary or the State approving agency".Subsec. (b)(3). Pub. L. 114-315, §410(b), which directed amendment of subsec. (b)(3) by substituting "(3), and (14)" for "and (3)", could not be executed because the words "and (3)" did not appear after amendment by Pub. L. 114-315, §409(c)(1). See below. Pub. L. 114-315, §409(c)(2), inserted before period at end "(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)". Pub. L. 114-315, §409(c)(1), substituted "(3), (14), (15), and (16)" for "and (3)". 2011-Subsec. (a)(1). Pub. L. 111-377, §203(c)(1), substituted "The Secretary or a State approving agency may approve accredited programs (including non-degree accredited programs) offered by proprietary for-profit educational institutions" for "A State approving agency may approve the courses offered by an educational institution" in introductory provisions.Subsec. (b). Pub. L. 111-377, §203(c)(2), inserted "the Secretary or" after "this section," in introductory provisions and after "as prescribed by" in par. (1). 2004-Subsec. (c)(4). Pub. L. 108-454 added par. (4).2003-Subsec. (c). Pub. L. 108-183 added subsec. (c).1996-Subsec. (b). Pub. L. 104-275 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "As a condition to approval under this section, the State approving agency must find that adequate records are kept by the educational institution to show the progress of each eligible person or veteran and must include as a minimum (except for attendance) the requirements set forth in section 3676(c)(7) of this title. The State approving agency must also find that the educational institution maintains a written record of the previous education and training of the eligible person or veteran and clearly indicates that appropriate credit has been given by the institution for previous education and training, with the training period shortened proportionately and the eligible person or veteran and the Secretary so notified."1994-Subsec. (a)(2)(B). Pub. L. 103-446 substituted "Except as provided in section 3672(e) of this title, a State" for "A State". 1992-Subsec. (a). Pub. L. 102-568 designated existing provisions as par. (1), redesignated former par. (1) as subpar. (A), redesignated former par. (2) as subpar. (B), substituted "the Act of February 23, 1917 ( 20 U.S.C. 11 et seq.);" for "sections 11-28 of title 20; or", redesignated former par. (3) as subpar. (C), added subpar. (D) and pars. (2) and (3), and struck out former concluding provisions which read as follows: "For the purposes of this chapter the Secretary of Education shall publish a list of nationally recognized accrediting agencies and associations which the Secretary determines to be reliable authority as to the quality of training offered by an educational institution and the State approving agencies may, upon concurrence, utilize the accreditation of such accrediting associations or agencies for approval of the courses specifically accredited and approved by such accrediting association or agency. In making application for approval, the institution 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 school. The catalog or bulletin must specifically state its progress requirements for graduation and must include as a minimum the information required by sections 3676(b)(6) and (7) of this title."1991- Pub. L. 102-83, §5(a), renumbered section 1775 of this title as this section. Subsec. (a). Pub. L. 102-83, §5(c)(1), substituted "3676(b)(6)" for "1776(b)(6)" in last sentence.Subsec. (b). Pub. L. 102-83, §5(c)(1), substituted "3676(c)(7)" for "1776(c)(7)". 1989-Subsec. (b). Pub. L. 101-237 substituted "Secretary" for "Administrator". 1980-Subsec. (a). Pub. L. 96-466 substituted "Secretary" for "Commissioner" in two places. 1976-Subsec. (a). Pub. L. 94-502, §513(a)(2), substituted "the Commissioner determines" for "he determines". Pub. L. 94-502, §504(1), inserted provision requiring that copies of the school bulletin be certified by an authorized representative of the school and that the bulletin specify the progress requirements for graduation and certain other information. Subsec. (b). Pub. L. 94-502, §504(2), inserted provision requiring that school records contain as a minimum, except for attendance, the requirements set forth in section 1776(c)(7) of this title. 1966-Subsec. (b). Pub. L. 89-358 inserted "or veteran" after "eligible person" in three places.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116-315 effective on Aug. 1, 2021, see section 1015(c) of Pub. L. 116-315 set out as a note under section 3672 of this title.

EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 111-377 effective Aug. 1, 2011, see section 203(e) of Pub. L. 111-377 set out as a note under section 3034 of this title.

EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-454, title I, §110(c)(2), Dec. 10, 2004, 118 Stat. 3605, provided that: "The amendment made by paragraph (1) [amending this section] shall take effect as if included in the enactment of section 305(a) of the Veterans Benefits Act of 2003 (Public Law 108-183; 117 Stat. 2660)."

EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-183 applicable to courses approved by State approving agencies after Dec. 16, 2003, see section 305(f) of Pub. L. 108-183 set out as a note under section 3452 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-446 applicable with respect to programs of education exclusively by correspondence and to correspondence-residence courses commencing more than 90 days after Nov. 2, 1994, see section 605(b) of Pub. L. 103-446 set out as a note under section 3672 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section 802(h) of Pub. L. 96-466 set out as a note under section 3452 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT Amendment by sections 504 and 513(a)(2) of Pub. L. 94-502 effective Dec. 1, 1976, and Oct. 15, 1976, respectively, see section 703(b), (c) of Pub. L. 94-502 set out as an Effective Date note under section 3693 of this title.