
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3675]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
           CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
 
                 SUBCHAPTER I--STATE APPROVING AGENCIES
 
Sec. 3675. Approval of accredited courses

    (a)(1) A State approving agency may approve the courses offered by 
an educational institution 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\
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    \1\ See References in Text note below.
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        (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 must find the following:
        (1) The educational institution keeps adequate records, as 
    prescribed by the 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), and (3) of section 3676(c) of 
    this title.

(Added Pub. L. 88-126, Sec. 1, Sept. 23, 1963, 77 Stat. 159, Sec. 1775; 
amended Pub. L. 89-358, Sec. 3(a)(8), Mar. 3, 1966, 80 Stat. 21; Pub. L. 
94-502, title V, Secs. 504, 513(a)(2), Oct. 15, 1976, 90 Stat. 2399, 
2402; Pub. L. 96-466, title VIII, Sec. 801(d), Oct. 17, 1980, 94 Stat. 
2216; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 
Stat. 2092; renumbered Sec. 3675 and amended Pub. L. 102-83, Sec. 5(a), 
(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568, title III, 
Sec. 312, Oct. 29, 1992, 106 Stat. 4330; Pub. L. 103-446, title VI, 
Sec. 605(a)(2)(A), Nov. 2, 1994, 108 Stat. 4672; Pub. L. 104-275, title 
I, Sec. 103(c), Oct. 9, 1996, 110 Stat. 3326.)

                       References in Text

    Act of February 23, 1917, referred to in subsec. (a)(1)(B), is act 
Feb. 23, 1917, ch. 114, 39 Stat. 929, as amended, 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, Sec. 6201, Aug. 5, 1997, 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.


                               Amendments

    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, Sec. 5(a), renumbered section 1775 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3676(b)(6)'' for ``1776(b)(6)'' in last sentence.
    Subsec. (b). Pub. L. 102-83, Sec. 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, Sec. 513(a)(2), substituted ``the 
Commissioner determines'' for ``he determines''.
    Pub. L. 94-502, Sec. 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, Sec. 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.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3452, 3501, 3676 of this 
title.
