USC Subchapter III

in effect

38 U.S.C. § 3520 Educational and vocational counseling

The Secretary may, upon request, arrange for educational or vocational counseling for persons eligible for benefits under this chapter to assist such persons in selecting their educational, vocational, or professional objectives and in developing their programs of education.

38 U.S.C. § 3521 Approval of application

The Secretary shall approve an application if the Secretary finds that— (1) the proposed program of education constitutes a “program of education” as that term is defined in this chapter; (2) the eligible person is not already qualified, by reason of previous education or training, for the educational, professional, or vocational objective for which the program of education is offered; (3) the eligible person’s proposed educational institution or training establishment is in compliance with all the requirements of this chapter and chapter 36 of this title; and (4) it does not appear that the enrollment in or pursuit of such person’s program of education would violate any provisions of this chapter or chapter 36 of this title.

38 U.S.C. § 3523 Disapproval of enrollment in certain courses

(a) The Secretary shall not approve the enrollment of an eligible person in—(1) any bartending course or personality development course; (2) any sales or sales management course which does not provide specialized training within a specific vocational field; (3) any type of course which the Secretary finds to be avocational or recreational in character (or the advertising for which the Secretary finds contains significant avocational or recreational themes) unless the eligible person submits justification showing that the course will be a bona fide use in the pursuit of the person’s present or contemplated business or occupation; or (4) any independent study program except an accredited independent study program (including open circuit television) leading to a standard college degree. (b) The Secretary shall not approve the enrollment of an eligible person in any course of flight training other than one given by an educational institution of higher learning for credit toward a standard college degree the eligible person is seeking. (c) The Secretary shall not approve the enrollment of an eligible person in any course to be pursued by radio. (d) The Secretary shall not approve the enrollment of an eligible person in any course which is to be pursued as a part of such person’s regular secondary school education (except as provided in section 3533 of this title), but this subsection shall not prevent the enrollment of an eligible person in a course not leading to a standard college degree if the Secretary finds that such person has ended such person’s secondary school education (by completion or otherwise) and that such course is a specialized vocational course pursued for the purpose of qualifying in a bona fide vocational objective. (e) An eligible person may not enroll in any course at an educational institution which is not located in a State or in the Republic of the Philippines, unless such course is pursued at an approved institution of higher learning and the course is approved by the Secretary. The Secretary, in the Secretary’s discretion, may deny or discontinue educational assistance under this chapter in the case of any eligible person in such an institution if the Secretary determines that such enrollment is not in the best interest of the eligible person or the Federal Government.

38 U.S.C. § 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.