§ 3512.
(a)
Except as provided in subsection (g), the educational assistance to which an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in
section 3501(a)(1)(C) of this title is entitled under
section 3511 of this title or subchapter V of this chapter may be afforded the person during the period beginning on the person’s eighteenth birthday, or on the successful completion of the person’s secondary schooling, whichever first occurs, and ending on the person’s twenty-sixth birthday, except that—
(1)
if the person is above the age of compulsory school attendance under applicable State law, and the Secretary determines that the person’s best interests will be served thereby, such period may begin before the person’s eighteenth birthday;
(2)
if the person has a mental or physical handicap, and the Secretary determines that the person’s best interests will be served by pursuing a program of special restorative training or a specialized course of vocational training approved under
section 3536 of this title, such period may begin before the person’s eighteenth birthday, but not before the person’s fourteenth birthday;
(3)
if the Secretary first finds that the parent from whom eligibility is derived has a service-connected total disability permanent in nature, or if the death of the parent from whom eligibility is derived occurs, after the eligible person’s eighteenth birthday but before the person’s twenty-sixth birthday, then (unless paragraph (4) or (5) applies) such period shall end 8 years after the date that is elected by that person to be the beginning date of entitlement under
section 3511 of this title or subchapter V of this chapter if—
(A)
the Secretary approves that beginning date;
(B)
the eligible person elects that beginning date by not later than the end of the 60-day period beginning on the date on which the Secretary provides written notice to that person of that person’s opportunity to make such election, such notice including a statement of the deadline for the election imposed under this subparagraph; and
(C)
that beginning date—
(i)
in the case of a person whose eligibility is based on a parent who has a service-connected total disability permanent in nature, is the date determined pursuant to subsection (d), or any date between the two dates described in subsection (d); and
(ii)
in the case of a person whose eligibility is based on the death of a parent, is between—
(I)
the date of the parent’s death; and
(II)
the date of the Secretary’s decision that the death was service-connected;
(4)
if the person otherwise eligible under paragraph (3) fails to elect a beginning date of entitlement in accordance with that paragraph, the beginning date of the person’s entitlement shall be the date of the Secretary’s decision that the parent has a service-connected total disability permanent in nature, or that the parent’s death was service-connected, whichever is applicable;
(5)
if the person serves on duty with the Armed Forces as an eligible person after the person’s eighteenth birthday but before the person’s twenty-sixth birthday, then such period shall end 8 years after the person’s first discharge or release from such duty with the Armed Forces (excluding from such 8 years all periods during which the eligible person served on active duty before August 1, 1962, pursuant to (A) a call or order thereto issued to the person as a Reserve after July 30, 1961, or (B) an extension of enlistment, appointment, or period of duty with the Armed Forces pursuant to [section 2 of Public Law 87–117]); however, in no event shall such period be extended beyond the person’s thirty-first birthday by reason of this paragraph;
(6)
if the person becomes eligible by reason of a parent being listed in one of the categories referred to in
section 3501(a)(1)(C) of this title after the person’s eighteenth birthday but before the person’s twenty-sixth birthday, then (unless paragraph (5) applies) such period shall end eight years after the date on which the person becomes eligible by reason of such provisions, but in no event shall such period be extended beyond the person’s thirty-first birthday by reason of this paragraph;
(7)
(A)
if such person is enrolled in an educational institution regularly operated on the quarter or semester system and such period ends during a quarter or semester, such period shall be extended to the end of the quarter or semester; or
(B)
if such person is enrolled in an educational institution operated on other than a quarter or semester system and such period ends after a major portion of the course is completed, such period shall be extended to the end of the course, or until 12 weeks have expired, whichever first occurs; and
(8)
if the person is pursuing a preparatory course described in
section 3002(3)(B) of this title, such period may begin on the date that is the first day of such course pursuit, notwithstanding that such date may be before the person’s eighteenth birthday, except that in no case may such person be afforded educational assistance under this chapter for pursuit of secondary schooling unless such course pursuit would otherwise be authorized under this subsection.
([Pub. L. 85–857], Sept. 2, 1958, [72 Stat. 1194], § 1712; [Pub. L. 87–815, § 2(a)], Oct. 15, 1962, [76 Stat. 926]; [Pub. L. 87–819, § 2], Oct. 15, 1962, [76 Stat. 935]; [Pub. L. 88–361, § 3], July 7, 1964, [78 Stat. 297]; [Pub. L. 90–77, title III, § 307(a)], Aug. 31, 1967, [81 Stat. 189]; [Pub. L. 90–631, § 2(e)], Oct. 23, 1968, [82 Stat. 1333]; [Pub. L. 91–219, title II, § 208], Mar. 26, 1970, [84 Stat. 83]; [Pub. L. 91–584, § 3], Dec. 24, 1970, [84 Stat. 1575]; [Pub. L. 92–540, title IV, § 402(1)], Oct. 24, 1972, [86 Stat. 1090]; [Pub. L. 93–337, § 2], July 10, 1974, [88 Stat. 292]; [Pub. L. 94–502, title III], §§ 304, 310(7)–(9), Oct. 15, 1976, [90 Stat. 2390], 2391; [Pub. L. 95–202, title II, § 203(a)(2)], (b)(2), Nov. 23, 1977, [91 Stat. 1439], 1440; [Pub. L. 96–466, title III], §§ 321, 322, Oct. 17, 1980, [94 Stat. 2195]; [Pub. L. 97–66, title VI, § 605(a)], Oct. 17, 1981, [95 Stat. 1036]; [Pub. L. 97–295, § 4(44)], Oct. 12, 1982, [96 Stat. 1308]; [Pub. L. 98–160, title VII, § 702(13)], Nov. 21, 1983, [97 Stat. 1009]; [Pub. L. 99–576, title III, § 313], Oct. 28, 1986, [100 Stat. 3273]; [Pub. L. 101–237, title IV, § 423(b)(1)(A)], Dec. 18, 1989, [103 Stat. 2092]; renumbered § 3512 and amended [Pub. L. 102–83, § 5(a)], (c)(1), Aug. 6, 1991, [105 Stat. 406]; [Pub. L. 106–419, title I], §§ 112, 114(b), Nov. 1, 2000, [114 Stat. 1831], 1833; [Pub. L. 107–14], §§ 7(f)(1), 8(a)(6), June 5, 2001, [115 Stat. 33], 34;