
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: 38USC3676]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
           CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
 
                 SUBCHAPTER I--STATE APPROVING AGENCIES
 
Sec. 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, 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 for those students dismissed for 
    unsatisfactory progress. A statement will be made regarding progress 
    records kept by the institution and furnished the student);
        (7) Institution policy and regulations relating to student 
    conduct and conditions for dismissal for unsatisfactory conduct;
        (8) Detailed schedules of fees, charges for tuition, books, 
    supplies, tools, student activities, laboratory fees, service 
    charges, rentals, deposits, and all other charges;
        (9) Policy and regulations of the institution relative to the 
    refund of the unused portion of tuition, fees, and other charges in 
    the event the student does not enter the course or withdraws or is 
    discontinued therefrom;
        (10) A description of the available space, facilities, and 
    equipment;
        (11) A course outline for each course for which approval is 
    requested, showing subjects or units in the course, type of work or 
    skill to be learned, and approximate time and clock hours to be 
    spent on each subject or unit; and
        (12) Policy and regulations of the institution relative to 
    granting credit for previous educational training.

    (c) The appropriate State approving agency may approve the 
application of such institution when the institution and its non-
accredited courses are found upon investigation to have met the 
following criteria:
        (1) The courses, curriculum, and instruction are consistent in 
    quality, content, and length with similar courses in public schools 
    and other private schools in the State, with recognized accepted 
    standards.
        (2) There is in the institution adequate space, equipment, 
    instructional material, and instructor personnel to provide training 
    of good quality.
        (3) Educational and experience qualifications of directors, 
    administrators, and instructors are adequate.
        (4) The institution maintains a written record of the previous 
    education and training of the eligible person 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 and the Secretary so 
    notified.
        (5) A copy of the course outline, schedule of tuition, fees, and 
    other charges, regulations pertaining to absence, grading policy, 
    and rules of operation and conduct will be furnished the eligible 
    person upon enrollment.
        (6) Upon completion of training, the eligible person is given a 
    certificate by the institution indicating the approved course and 
    indicating that training was satisfactorily completed.
        (7) Adequate records as prescribed by the State approving agency 
    are kept to show attendance and progress or grades, and satisfactory 
    standards relating to attendance, progress, and conduct are 
    enforced.
        (8) The institution complies with all local, city, county, 
    municipal, State, and Federal regulations, such as fire codes, 
    building and sanitation codes. The State approving agency may 
    require such evidence of compliance as is deemed necessary.
        (9) The institution is financially sound and capable of 
    fulfilling its commitments for training.
        (10) The institution does not utilize advertising of any type 
    which is erroneous or misleading, either by actual statement, 
    omission, or intimation. The institution shall not be deemed to have 
    met this requirement until the State approving agency (A) has 
    ascertained from the Federal Trade Commission whether the Commission 
    has issued an order to the institution to cease and desist from any 
    act or practice, and (B) has, if such an order has been issued, 
    given due weight to that fact.
        (11) The institution does not exceed its enrollment limitations 
    as established by the State approving agency.
        (12) The institution's administrators, directors, owners, and 
    instructors are of good reputation and character.
        (13) The institution has and maintains a policy for the refund 
    of the unused portion of tuition, fees, and other charges in the 
    event the eligible person fails to enter the course or withdraws or 
    is discontinued therefrom at any time prior to completion and such 
    policy must provide that the amount charged to the eligible person 
    for tuition, fees, and other charges for a portion of the course 
    shall 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.
        (14) Such additional criteria as may be deemed necessary by the 
    State approving agency.

    (d) The Secretary may waive, in whole or in part, the requirements 
of subsection (c)(13) of this section in the case of an educational 
institution which--
        (1) is a college, university, or similar institution offering 
    postsecondary level academic instruction that leads to an associate 
    or higher degree,
        (2) is operated by an agency of a State or of a unit of local 
    government,
        (3) is located within such State or, in the case of an 
    institution operated by an agency of a unit of local government, 
    within the boundaries of the area over which such unit has taxing 
    jurisdiction, and
        (4) is a candidate for accreditation by a regional accrediting 
    association,

if the Secretary determines, pursuant to regulations which the Secretary 
shall prescribe, that such requirements would work an undue 
administrative hardship because the total amount of tuition, fees, and 
other charges at such institution is nominal.
    (e) Notwithstanding any other provision of this title, a course of 
education shall not be approved under this section if it is to be 
pursued in whole or in part by independent study.

(Added Pub. L. 88-126, Sec. 1, Sept. 23, 1963, 77 Stat. 159, Sec. 1776; 
amended Pub. L. 89-358, Sec. 3(a)(9), Mar. 3, 1966, 80 Stat. 21; Pub. L. 
97-66, title VI, Sec. 606, Oct. 17, 1981, 95 Stat. 1037; Pub. L. 101-
237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; 
renumbered Sec. 3676 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 
6, 1991, 105 Stat. 406; Pub. L. 102-568, title III, Sec. 313(a)(1), Oct. 
29, 1992, 106 Stat. 4331.)


                               Amendments

    1992--Subsec. (e). Pub. L. 102-568 added subsec. (e).
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1776 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3675'' for 
``1775''.
    1989--Subsecs. (c)(4), (d). Pub. L. 101-237 substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    1981--Subsec. (d). Pub. L. 97-66 added subsec. (d).
    1966--Subsec. (a). Pub. L. 89-358 struck out ``1653 or'' before 
``1775''.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-66 effective Oct. 17, 1981, see section 
701(b)(1) of Pub. L. 97-66, set out as a note under section 1114 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 3675 of this title.
