Sec. 2. Additional requirements for approval of courses of education for purposes of educational assistance under laws administered by Secretary of Veterans Affairs and Secretary of Defense
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Clause
(i)of section 3672(b)(2)(A) of title 38, United States Code, is amended to read as follows: A course that is described by section 3675(a) of this title. . Section 3675 of such title is amended— by redesignating subsections
(b)and
(c)as subsections
(c)and (d), respectively; by striking subsection (a); and by inserting before subsection (c), as redesignated by subparagraph (A), the following new subsections: The Secretary or a State approving agency may only approve a course that leads to an associate or higher degree when such course is an eligible program (as defined in section 481 of the Higher Education Act of 1965 ( 20 U.S.C. 1088 )) offered by an institution of higher education (as defined in section 102 of such Act (20 U.S.C. 1002)) that has entered into, and is complying with, a program participation agreement under section 487 of such Act ( 20 U.S.C. 1094 ). The Secretary or a State approving agency may approve a course that does not lead to an associate or higher degree when— such course— is an eligible program (as defined in section 481 of the Higher Education Act of 1965 ( 20 U.S.C. 1088 )) offered by an institution of higher education (as defined in section 102 of such Act (20 U.S.C. 1002)) that has entered into, and is complying with, a program participation agreement under section 487 of such Act ( 20 U.S.C. 1094 ); in the case of a course designed to prepare individuals for licensure or certification, meets the instructional curriculum licensure or certification requirements of the State in which the institution is located; and in the case of a course designed to prepare an individual for employment by a State board or agency in an occupation that requires approval or licensure for such employment, is approved or licensed by such State board or agency; such course is accepted by the State department of education for credit for a teacher's certificate; or such course is 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)). 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. Each catalog or bulletin transmitted by an institution under subparagraph
(A)of this paragraph shall— state with specificity the requirements of the institution with respect to graduation; include the information required under paragraphs
(6)and
(7)of section 3676(b) of this title; and include any attendance standards of the institution, if the institution has and enforces such standards. . Such title is amended— in section 3452(g), by striking under the provisions of section 3675 of this title ; in section 3501(11), by striking under the provisions of section 3675 of this title ; in section 3672(b)(2)(A), by striking 3675(b)(1) and (b)(2) and inserting 3675(c)(1) and (c)(2) ; and in the heading for section 3675, by striking and inserting accredited courses . courses approved by Secretary of Education The table of sections at the beginning of chapter 36 of such title is amended by striking the item relating to section 3675 and inserting the following new item: 3675. Approval of courses approved by Secretary of Education. . Subsection
(a)of section 3676 of such title is amended to read as follows: No course of education which has not been approved by the Secretary or a State approving agency under section 3675 of this title shall be approved for the purposes of this chapter unless— the course— does not lead to an associate or higher degree; was not an eligible program (as defined in section 481 of the Higher Education Act of 1965 ( 20 U.S.C. 1088 )) at any time during the most recent two-year period; and is a course that the Secretary or State approving agency determines, in accordance with this section and such regulations as the Secretary shall prescribe and on a case-by-case basis, that approval of which would further the purposes of this chapter or any of chapters 30 through 35 of this title; and 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. . Subsection
(c)of section 3676 of such title is amended— by redesignating paragraph
(14)as paragraph (18); and by inserting after paragraph
(13)the following new paragraphs: Courses that prepare individuals for licensure or certification have verified that the course’s instructional curriculum appropriately includes the licensure or certification requirements in the State in which the institution deems such curriculum does. Courses for which a State board or agency in the State in which the course is designed to prepare a student requires approval or licensure for employment in the recognized occupation in the State is approved or licensed by such State board or agency. In the case of an educational institution that advertises job placement rates as a means of attracting students to enroll in a course of education offered by the educational institution, the application contains any other information necessary to substantiate the truthfulness of such advertisements. The educational institution does not make any misrepresentations (as defined in section 668.71 of title 34, Code of Federal Regulations (or any corresponding similar regulation or ruling)) regarding the nature of its educational program, the nature of its financial charges, or the employability of its graduates (as defined in sections 668.72 through 668.74 of such title, respectively (or any corresponding similar regulations or rulings)). . Section 3676 of such title is amended— in the heading for such section, by striking and inserting nonaccredited courses ; and courses not approved by Secretary of Education in subsection (c), in the matter before paragraph (1), by striking non-accredited . The table of sections at the beginning of chapter 36 of such title is amended by striking the item relating to section 3675 and inserting the following new item: 3676. Approval of courses not approved by Secretary of Education. . Section 2143 of title 10, United States Code, is amended— in subsection (a), by striking to subsection
(b)and inserting to subsections
(b)and
(c); by redesignating subsection
(c)as subsection (d); and by inserting after subsection
(b)the following new subsection (c): Except as provided in paragraph (2), a person entitled to assistance under this chapter may only use such assistance for educational expenses incurred for an eligible program (as defined in section 481 of the Higher Education Act of 1965 ( 20 U.S.C. 1088 )) that— is offered by an institution of higher education (as defined in section 102 of such Act ( 20 U.S.C. 1002 )) that has entered into, and is complying with, a program participation agreement under section 487 of such Act ( 20 U.S.C. 1094 ); in the case of a program designed to prepare individuals for licensure or certification, meets the instructional curriculum licensure or certification requirements of the State in which the institution is located; and in the case of a program designed to prepare individuals for employment by a State board or agency in an occupation that requires approval or licensure for such employment, is approved or licensed by such State board or agency. The Secretary may, in accordance with regulations the Secretary shall prescribe, authorize the use of educational assistance awarded under this chapter for educational expenses incurred for a program of education that is not described in paragraph
(1)if such program— is accredited and approved by a nationally recognized accrediting agency or association; was not an eligible program described in paragraph
(1)at any time during the most recent two-year period; and is a program that the Secretary determines, on a case-by-case basis, that approval of which would further the purposes of the program established under section 2141 of this title. . The amendments made by this section shall take effect on August 1, 2014.
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- 42 USC 1395i–3(f)(2)(A)(i)
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Sec. 2
Additional requirements for approval of courses of education for purposes of educational assistance under laws administered by Secretary of Veterans Affairs and Secretary of Defense
Cite42 USC 1395i–3(f)(2)(A)(i)
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