Chapter 36, Subchapter III, Section 3680A, Subsection (e) · 38 U.S.C. Chapter 36 — ADMINISTRATION OF EDUCATIONAL BENEFITS

Contents

(e)

(1)1 The Secretary may not approve the enrollment of an eligible veteran in a course not leading to a standard college degree offered by a proprietary profit or proprietary nonprofit educational institution if—

(A)the educational institution has been operating for less than two years;

(B)except as provided in paragraph (2), the course is offered at a branch of the educational institution and the branch has been operating for less than two years; or

(C)following either a change in ownership or a complete move outside its original general locality, the educational institution does not retain substantially the same faculty, student body, and courses as before the change in ownership or the move outside the general locality (as determined in accordance with regulations the Secretary shall prescribe) unless the educational institution following such change or move has been in operation for at least two years.

(2)In regulation 7 (calculation of length of periods of membership)—

(A)Subject to this paragraph, a commercial driver education program is exempt from paragraph (1)(B) for a branch of an educational institution if—

(i)the commercial driver education program offered at the branch by the educational institution is approved for purposes of this chapter by a State approving agency (or the Secretary when acting in the role of a State approving agency); and

(ii)

(I)such branch is located in a State in which such educational institution offers such commercial driver education program at another branch of such educational institution; or

(II)such branch—

(aa)has been operating for at least one year; and

(bb)offers such commercial driver education program, using the same curriculum as another branch of such educational institution.

(B)

(i)In order for a commercial driver education program of an educational institution offered at a branch described in paragraph (1)(B) to be exempt under subparagraph (A) of this paragraph, the educational institution shall submit to the Secretary each year that paragraph (1)(B) would otherwise apply a report that demonstrates that the curriculum at the new branch is the same as the curriculum at the primary location.

(ii)Reporting under clause (i) shall be submitted in accordance with such requirements as the Secretary shall establish in consultation with the State approving agencies.

(C)

(i)The Secretary may withhold an exemption under subparagraph (A) for any educational institution or branch of an educational institution as the Secretary considers appropriate.

(ii)In making any determination under clause (i), the Secretary may consult with the Secretary of Transportation on the performance of a provider of a commercial driver program, including the status of the provider within the Training Provider Registry of the Federal Motor Carrier Safety Administration when appropriate.

(D)The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a notification not later than 30 days after the Secretary grants an exemption under subparagraph (A). Such notification shall identify the educational institution, and the branch thereof, granted such exemption.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 28

Show every defined term

approved third-party auditor
means an independent third-party auditor that is approved by the Secretary for purposes of third-party audits under this section.
College Navigator website
has the meaning given that term in section 132 of the Higher Education Act 2 (20 U.S.C. 1015a).
covered education
means a course of education—
covered educational assistance
means educational assistance under chapter 30, 33, or 35 of this title, or section 3699C of this title.
covered individual
means an individual who is pursuing a course of education at an educational institution under chapter 30, 31, 32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10.
covered member
means a member of the Armed Forces (including the reserve components) enrolled in covered education.
covered officer or employee of the Department
means an officer or employee of the Department who—
covered reason
means any reason related to an emergency situation, including—
covered service
means—
covered study-abroad course
means a course that—
emergency situation
means a situation that—
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))).
fails to complete 120 hours of training
means, with respect to an individual, that during any month, the individual completes at least one hour, but fewer than 120 hours, of training, including in a case in which the individual is unemployed for part of, but not the whole, month.
high technology program of education
means a program of education—
individual
means— as the case may be.
institution concerned
means, with respect to a covered member, the institution of higher education where the covered member is enrolled in covered education.
institution of higher education
has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
institution of higher learning
has the meaning given that term in section 3452(f) of this title.
matching program
has the same meaning provided in section 552a(a)(8) of title 5.
minority serving institution
means any of the following:
misleading statement
includes any communication, action, omission, or intimation made in writing, visually, orally, or through other means, that has the likelihood or tendency to mislead the intended recipient of the communication under the circumstances in which the communication is made.
misrepresentation
means any false, erroneous, or misleading statement, action, omission, or intimation made directly or indirectly to a student, a prospective student, the public, an accrediting agency, a State agency, or to the Secretary by an eligible institution, one of its representatives, or any person with whom the institution has an agreement to provide educational programs, marketing, advertising, recruiting or admissions services.
multi-State apprenticeship program
means a non-Federal apprenticeship program operating in more than one State that meets the minimum national program standards, as developed by the Department of Labor.
period of covered service
means the period beginning on the date on which a covered member enters covered service and ending on the date on which the covered member is released from covered service or dies while in covered service.
postsecondary education and training opportunities
means any postsecondary program of education, including apprenticeships and on-job training, for which the Secretary of Veterans Affairs provides assistance to a veteran or member of the Armed Forces.
risk-based survey
means a risk-based survey developed under section 3673A(a) of this title.
substantial misrepresentation
means misrepresentation in which the person to whom it was made could reasonably be expected to rely, or has reasonably relied, to that person’s detriment.
unemployed
includes being furloughed or being scheduled to work zero hours.