
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3524]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
      CHAPTER 35--SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE
 
                  SUBCHAPTER III--PROGRAM OF EDUCATION
 
Sec. 3524. Discontinuance for unsatisfactory progress

    The Secretary shall discontinue the educational assistance allowance 
on behalf of an eligible person if, at any time, the Secretary finds 
that according to the regularly prescribed standards and practices of 
the educational institution such person is attending, the person's 
attendance, conduct, or progress is unsatisfactory. The Secretary may 
renew the payment of the educational assistance allowance only if the 
Secretary finds that--
        (1) the eligible person will be resuming enrollment at the same 
    educational institution in the same program of education and the 
    educational institution has both approved such eligible person's 
    reenrollment and certified it to the Department of Veterans Affairs; 
    or
        (2) in the case of a proposed change of either educational 
    institution or program of education by the eligible person--
            (A) the cause of the unsatisfactory attendance, conduct, or 
        progress has been removed;
            (B) the program proposed to be pursued is suitable to the 
        eligible person's aptitudes, interests, and abilities; and
            (C) if a proposed change of program is involved, the change 
        meets the requirements for approval under section 3691 of this 
        title.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1197, Sec. 1724; Pub. L. 94-
502, title III, Secs. 307, 310(15), Oct. 15, 1976, 90 Stat. 2390, 2392; 
Pub. L. 95-202, title III, Sec. 305(b)(1), Nov. 23, 1977, 91 Stat. 1443; 
Pub. L. 96-466, title III, Sec. 328, Oct. 17, 1980, 94 Stat. 2197; Pub. 
L. 101-237, title IV, Secs. 411(b), 412(b), 423(b)(1)(A), Dec. 18, 1989, 
103 Stat. 2084, 2085, 2092; renumbered Sec. 3524 and amended Pub. L. 
102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1724 of this 
title as this section.
    Par. (2)(C). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3691'' for 
``1791''.
    1989--Pub. L. 101-237, Sec. 423(b)(1)(A), substituted ``Secretary'' 
for ``Administrator'' wherever appearing.
    Pub. L. 101-237, Sec. 412(b), substituted ``attendance, conduct,'' 
for ``conduct''.
    Pars. (1), (2). Pub. L. 101-237, Sec. 411(b), added pars. (1) and 
(2) and struck out former pars. (1) and (2) which read as follows:
    ``(1) the cause of the unsatisfactory conduct or progress of the 
eligible person has been removed; and
    ``(2) the program which the eligible person now proposes to pursue 
(whether the same or revised) is suitable to the person's aptitudes, 
interests, and abilities.''
    1980--Pub. L. 96-466 struck out provisions relating to the 
conditions upon which an eligible person's progress would be considered 
unsatisfactory.
    1977--Pub. L. 95-202 inserted provisions authorizing the 
Administrator to determine the veteran's progress to be satisfactory 
even though the veteran will graduate within a length of time exceeding 
the approved length if the additional length of time is reasonable in 
accordance with regulations.
    1976--Pub. L. 94-502, Sec. 310(15), substituted ``such person is 
attending'' for ``he is attending'', ``the Administrator finds that'' 
for ``he finds that'', and ``the person's'' for ``his'' in two places.
    Pub. L. 94-502, Sec. 307, inserted provision specifying progress as 
unsatisfactory when the veteran will not be able to graduate within the 
approved length of the course.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as 
otherwise specifically provided, see section 802(c) of Pub. L. 96-466, 
set out as a note under section 3452 of this title.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-202 effective first day of first month 
beginning 60 days after Nov. 23, 1977, see section 501 of Pub. L. 95-
202, set out as a note under section 101 of this title.


                    Effective Date of 1976 Amendment

    Amendment by sections 307 and 310(15) 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.


             Suspension of Implementation of 1976 Amendment

    For provisions directing the Administrator to suspend the 
implementation of the amendment to this section by section 307 of Pub. 
L. 94-502 in the case of any accredited educational institution which 
submits to the Administrator its course catalog or bulletin and a 
certification that the policies and regulations described in cls. (6) 
and (7) of section 1776(b) [now 3676(b)(6) and (7)] of this title are 
being enforced by such institution, unless the Administrator finds that 
the catalog or bulletin fails to state fully and clearly the policies 
and regulations, and for that suspension to continue until the 
Administrator submits the report required under section 305(b)(2) of 
Pub. L. 95-202, see section 305(b)(4)(A) of Pub. L. 95-202, set out as a 
note under section 3474 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 5 section 5569; title 10 
section 2184.
