38 U.S.C. § 3491 | Elementary and secondary education and preparatory educational assistance

(a)

In the case of any eligible veteran who—

(1)

has not received a secondary school diploma (or an equivalency certificate), or

(2)

is not on active duty and who, in order to pursue a program of education for which the veteran would otherwise be eligible, needs refresher courses, deficiency courses, or other preparatory or special educational assistance to qualify for admission to an appropriate educational institution,

section 3471 of this titlethe Secretary may, without regard to so much of the provisions of as prohibit the enrollment of an eligible veteran in a program of education in which the veteran is “already qualified”, approve the enrollment of such veteran in an appropriate course or courses or other special educational assistance program.

(b)

(1)

The Secretary shall pay to an eligible veteran pursuing a course or courses or program pursuant to subsection (a)(2) of this section, an educational assistance allowance as provided in sections 3481 and 3482(a) or (b) of this title.

(2)

section 3482(a) of this title The Secretary shall pay to an eligible veteran described in subsection (a)(1) of this section who is pursuing a course or courses or program under this subchapter for the purpose of attaining a secondary school diploma (or an equivalency certificate) an educational assistance allowance (A) at the rate of established charges for tuition and fees required of similarly circumstanced nonveterans enrolled in the same course, courses, or program, or (B) at the institutional full-time rate provided in , whichever is the lesser.

(c)

1 See References in Text note below.

The provisions of section 3473(d)(1)  of this title, relating to the disapproval of enrollment in certain courses, shall be applicable to the enrollment of an eligible veteran who, while serving on active duty, enrolls in one or more courses under this subchapter for the purpose of attaining a secondary school diploma (or an equivalency certificate).

Pub. L. 91–219, title II, § 204(a)(4)Mar. 26, 197084 Stat. 79 Pub. L. 92–540, title III, § 305Oct. 24, 197286 Stat. 1081 Pub. L. 94–502, title II, § 211(12)Oct. 15, 197690 Stat. 2389 Pub. L. 96–466, title III, § 311Oct. 17, 198094 Stat. 2194 Pub. L. 97–295, § 4(43)Oct. 12, 198296 Stat. 1308 Pub. L. 97–306, title II, § 203(b)Oct. 14, 198296 Stat. 1434 Pub. L. 101–237, title IV, § 423(b)(1)(A)Dec. 18, 1989103 Stat. 2092 Pub. L. 102–83, § 5(a)Aug. 6, 1991105 Stat. 406(Added , , , § 1691; amended , , ; , , ; , , ; , , ; , , ; , , ; renumbered § 3491 and amended , (c)(1), , .)

Editorial Notes

References in Text

Section 3473(d)(1) of this title Pub. L. 102–568, title III, § 313(a)(3)(A)Oct. 29, 1992106 Stat. 4332, referred to in subsec. (c), was repealed by , , .

Amendments

Pub. L. 102–83, § 5(a)section 1691 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (a). , substituted “3471” for “1671” in concluding provisions.

Pub. L. 102–83, § 5(c)(1)Subsec. (b). , substituted “3481 and 3482(a)” for “1681 and 1682(a)” in par. (1) and “3482(a)” for “1682(a)” in par. (2).

Pub. L. 102–83, § 5(c)(1)Subsec. (c). , substituted “3473(d)(1)” for “1673(d)(1)”.

Pub. L. 101–2371989—Subsecs. (a), (b). substituted “Secretary” for “Administrator” wherever appearing.

Pub. L. 97–295, § 4(43)(A)1982—Subsec. (a). , inserted “of this title” after “section 1671”.

Pub. L. 97–295, § 4(43)(B)Subsec. (b)(2). , inserted “of this title” after “section 1682(a)”.

Pub. L. 97–306Subsec. (c). substituted “section 1673(d)(1)” for “section 1673(d)”.

Pub. L. 96–466, § 311(1)1980—Subsec. (a). , in provisions preceding par. (1) struck out “not on active duty” after “eligible veteran”, in par. (1) struck out “at the time of the veteran’s discharge or release from active duty” after “(or an equivalency certificate)”, and in par. (2) inserted “is not on active duty and who,” before “in order to pursue”.

Pub. L. 96–466, § 311(2)Subsec. (b). , designated existing provisions as par. (1), substituted reference to subsec. (a)(2) of this section for reference to subsec. (a) of this section, and added par. (2).

Pub. L. 96–466, § 311(3)Subsec. (c). , added subsec. (c).

Pub. L. 94–5021976—Subsec. (a). substituted “the veteran’s” for “his” and “the veteran” for “he” wherever appearing.

Pub. L. 92–540 section 1684 of this title1972—Subsec. (b). struck out provision relating to the approval in excess of half-time training as defined pursuant to of enrollment in adult evening secondary school courses.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Pub. L. 96–466Oct. 1, 1980section 311(2)(C) of Pub. L. 96–466Oct. 1, 1980section 802(c) of Pub. L. 96–466 section 3452 of this titleAmendment by effective , except that subsec. (b)(2) of this section, as added by , not applicable to any person receiving educational assistance under this chapter on , for the pursuit of a program of education in which such person is enrolled on that date, for as long as such person continuously thereafter is so enrolled and meets the requirements of eligibility for such assistance for pursuit of such program, see , set out as a note under .

Effective Date of 1976 Amendment

Pub. L. 94–502Oct. 15, 1976section 703(b) of Pub. L. 94–502 section 3693 of this titleAmendment by effective , see , set out as an Effective Date note under .