38 USC 3675 - Approval of accredited courses

U.S Code last checked for updates: Jan 30, 2025

§ 3675.

Approval of accredited courses

(a)

(1)

A State approving agency, or the Secretary when acting in the role of a State approving agency, may approve accredited programs (including non-degree accredited programs) not covered by section 3672 of this title 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

 See References in Text note below.

(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, or the Secretary when acting in the role of a State approving agency, must find the following:

(1)

The educational institution keeps adequate records, as prescribed by the State approving agency, or the Secretary when acting in the role of a 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), (3), (15), (16), and (17) of section 3676(c) of this title (or, with respect to such paragraphs (14) and (15), the requirements under such paragraphs are waived pursuant to subsection (f)(1) of section 3676 of this title).

(4)

The educational institution—

(A)

is approved and participates in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); or

(B)

does not participate in such a program and the Secretary has waived the requirement under this paragraph with respect to the educational institution, and submits to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives notice of such waiver, because the Secretary determines that the educational institution—

(i)

elects not to participate in such a program;

(ii)

cannot participate in such a program; or

(iii)

is in the process of making a good-faith effort to submit an initial application for approval to participate in such a program, except that a waiver under this clause may not be provided for a period of longer than 36 months.

(5)

The educational institution agrees to, not later than 30 days after any date on which such educational institution becomes subject to an action or event described in section 3673(e)(3) of this title, submit to the State approving agency, or the Secretary when acting in the role of a State approving agency, a notification of such action or event in such form and containing such information as the Secretary determines appropriate.

(c)

(1)

A State approving agency may approve the entrepreneurship courses offered by a qualified provider of entrepreneurship courses.

(2)

For purposes of this subsection, the term “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))).

(3)

Subsection (a) and paragraphs (1) and (2) of subsection (b) shall not apply to—

(A)

an entrepreneurship course offered by a qualified provider of entrepreneurship courses; and

(B)

a qualified provider of entrepreneurship courses by reason of such provider offering one or more entrepreneurship courses.

(4)

Notwithstanding paragraph (3), a qualified provider of entrepreneurship courses shall maintain such records as the Secretary determines to be necessary to comply with reporting requirements that apply under section 3684(a)(1) of this title with respect to eligible persons and veterans enrolled in an entrepreneurship course offered by the provider.

(d)

(1)

The Secretary shall submit to Congress an annual report on any waivers issued pursuant to subsection (b)(4) or section 3672(b)(2)(A)(i) of this title.

(2)

Each report submitted under paragraph (1) shall include, for the year covered by the report, the following:

(A)

The name of each educational institution for which a waiver was issued.

(B)

The justification for each such waiver.

(C)

The total number of waivers issued.

(Added Pub. L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 159, § 1775; amended Pub. L. 89–358, § 3(a)(8), Mar. 3, 1966, 80 Stat. 21; Pub. L. 94–502, title V, §§ 504, 513(a)(2), Oct. 15, 1976, 90 Stat. 2399, 2402; Pub. L. 96–466, title VIII, § 801(d), Oct. 17, 1980, 94 Stat. 2216; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3675 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–568, title III, § 312, Oct. 29, 1992, 106 Stat. 4330; Pub. L. 103–446, title VI, § 605(a)(2)(A), Nov. 2, 1994, 108 Stat. 4672; Pub. L. 104–275, title I, § 103(c), Oct. 9, 1996, 110 Stat. 3326; Pub. L. 108–183, title III, § 305(a), Dec. 16, 2003, 117 Stat. 2660; Pub. L. 108–454, title I, § 110(c)(1), Dec. 10, 2004, 118 Stat. 3605; Pub. L. 111–377, title II, § 203(c), Jan. 4, 2011, 124 Stat. 4125; Pub. L. 114–315, title IV, §§ 408(b), 409(c), 410(b), Dec. 16, 2016, 130 Stat. 1558, 1560, 1561; Pub. L. 116–315, title I, § 1015(a), Jan. 5, 2021, 134 Stat. 4945; Pub. L. 118–210, title II, §§ 205, 206(a), (b)(2)(B), 207(a), (b)(3), Jan. 2, 2025, 138 Stat. 2763–2765.)

cite as: 38 USC 3675