Title 38 — Veterans’ Benefits
Part III · Chapter 35 — Survivors’ and Dependents’ Educational Assistance
§ 3524. Discontinuance for unsatisfactory progress
Statutory text
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—
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
in the case of a proposed change of either educational institution or program of education by the eligible person—
the cause of the unsatisfactory attendance, conduct, or progress has been removed;
the program proposed to be pursued is suitable to the eligible person’s aptitudes, interests, and abilities; and
if a proposed change of program is involved, the change meets the requirements for approval under section 3691 of this title.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 3524
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1197, § 1724
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1197, § 1724Veterans’ Education and Employment Assistance Act of 1976
Pub. L. 94–502 § 310(15) · 90 Stat. 2383
Substituted · 38 U.S.C. § 3524
Pub. L. 94–502, § 310(15), substituted “such person is attending” for “he is attending” in two places
Substituted · 38 U.S.C. § 3524
Pub. L. 94–502, § 310(15), substituted “the Administrator finds that” for “he finds that” in two places
Substituted · 38 U.S.C. § 3524
Pub. L. 94–502, § 310(15), substituted “the person’s” for “his” in two places
Source evidence
Code amendment note
Pub. L. 94–502, § 310(15), substituted “such person is attending” for “he is attending”, “the Administrator finds that” for “he finds that”, and “the person’s” for “his” in two places.Enacted provision · exact public law section
(15) by striking out in section 1724 “he” the first time it appears and inserting in lieu thereof “such person”, by striking out “his” each time it appears and inserting in lieu thereof “the person’s”, and by striking out “he” the second time it appears and inserting in lieu thereof “the Administrator”;Veterans’ Education and Employment Assistance Act of 1976
Pub. L. 94–502 § 307 · 90 Stat. 2383
Inserted · 38 U.S.C. § 3524
Pub. L. 94–502, § 307, inserted provision specifying progress as unsatisfactory when the veteran will not be able to graduate within the approved length of the course
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 94–502, § 307, inserted provision specifying progress as unsatisfactory when the veteran will not be able to graduate within the approved length of the course.Enacted provision · exact public law section
Sec. 307. Section 1724 of title 38, United States Code, is amended by inserting immediately after the first sentence thereof the following: “Unless the Administrator finds there are mitigating circumstances, progress will be considered unsatisfactory at any time an eligible person is not progressing at a rate that will permit such person to graduate within the approved length of the course based on the framing time as certified to the Veterans’ Administration.”.GI Bill Improvement Act of 1977
Pub. L. 95–202 title III § 305(b)(1) · 91 Stat. 1433
Inserted · 38 U.S.C. § 3524
Pub. L. 95–202 inserted provisions authorizing the Administrator to determine the veteran’s progress to be satisfactory even though the veteran will graduate within a length of time exceeding the approved length if the additional length of time is reasonable in accordance with regulations
Source evidence
Code amendment note
Pub. L. 95–202 inserted provisions authorizing the Administrator to determine the veteran’s progress to be satisfactory even though the veteran will graduate within a length of time exceeding the approved length if the additional length of time is reasonable in accordance with regulations.Enacted provision · exact public law section
(1) Sections 1674 and 1724 of title 38, United States Code, are amended by inserting a comma and “or within such other length of time (exceeding such approved length) as the Administrator determines to be reasonable in accordance with regulations” before the period at the end of the second sentence in each section.Veterans’ Rehabilitation and Education Amendments of 1980
Pub. L. 96–466 title III § 328 · 94 Stat. 2171
Struck · 38 U.S.C. § 3524
Pub. L. 96–466 struck out provisions relating to the conditions upon which an eligible person’s progress would be considered unsatisfactory
Source evidence
Code amendment note
Pub. L. 96–466 struck out provisions relating to the conditions upon which an eligible person’s progress would be considered unsatisfactory.Enacted provision · exact public law section
Sec. 328. standards for determining satisfactory progress Section 1724 is amended by striking out the second 38 USC 1724. sentence.Effective date note
Amendment by Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(c) of Pub. L. 96–466, set out as a note under section 3452 of this title.Veterans Education and Employment Amendments of 1989
Pub. L. 101–237 § 423(b)(1)(A) · 103 Stat. 2062
Substituted · 38 U.S.C. § 3524
Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing
Source evidence
Code amendment note
Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing.Enacted provision · exact public law section
(A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; andVeterans Education and Employment Amendments of 1989
Pub. L. 101–237 § 412(b) · 103 Stat. 2062
Substituted · 38 U.S.C. § 3524
Pub. L. 101–237, § 412(b), substituted “attendance, conduct,” for “conduct”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–237, § 412(b), substituted “attendance, conduct,” for “conduct”.Enacted provision · exact public law section
(b) Conforming Amendments.— Section 1674 and section 1724 are each amended by striking out “conduct” in the first sentence and inserting in lieu thereof “attendance, conduct,”.Veterans Education and Employment Amendments of 1989
Pub. L. 101–237 § 411(b) · 103 Stat. 2062
Added · 38 U.S.C. § 3524(1); 38 U.S.C. § 3524(2)
Pub. L. 101–237, § 411(b), added pars. (1) and (2)
Struck · 38 U.S.C. § 3524(1); 38 U.S.C. § 3524(2)
Pub. L. 101–237, § 411(b), struck out former pars. (1) and (2) which read as follows:
Source evidence
Code amendment note
Pars. (1), (2). Pub. L. 101–237, § 411(b), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:“(1) the cause of the unsatisfactory conduct or progress of the eligible person has been removed; and “(2) the program which the eligible person now proposes to pursue (whether the same or revised) is suitable to the person’s aptitudes, interests, and abilities.”
Enacted provision · exact public law section
(b) Survivors’ and Dependents’ Educational Assistance.— Section 1724 is amended by striking out clauses (1) and (2) and inserting in lieu thereof the following: “(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 1791 of this title.”.Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 3524
Pub. L. 102–83, § 5(a), renumbered section 1724 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 1724 of this title as this section.Enacted provision · exact public law section
(a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 3524(2)(C)
Pub. L. 102–83, § 5(c)(1), substituted “3691” for “1791”
Source evidence
Code amendment note
Par. (2)(C). Pub. L. 102–83, § 5(c)(1), substituted “3691” for “1791”.Enacted provision · exact public law section
(1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.
12 of 13 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1976–1991 · 5 rounds
1991
Pub. L. 102–83, § 5(a), renumbered section 1724 of this title as this section.
Par. (2)(C). Pub. L. 102–83, § 5(c)(1), substituted “3691” for “1791”.
1989
Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing.
Pub. L. 101–237, § 412(b), substituted “attendance, conduct,” for “conduct”.
Pars. (1), (2). Pub. L. 101–237, § 411(b), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:
“(1) the cause of the unsatisfactory conduct or progress of the eligible person has been removed; and
“(2) the program which the eligible person now proposes to pursue (whether the same or revised) is suitable to the person’s aptitudes, interests, and abilities.”
1980
Pub. L. 96–466 struck out provisions relating to the conditions upon which an eligible person’s progress would be considered unsatisfactory.
1977
Pub. L. 95–202 inserted provisions authorizing the Administrator to determine the veteran’s progress to be satisfactory even though the veteran will graduate within a length of time exceeding the approved length if the additional length of time is reasonable in accordance with regulations.
1976
Pub. L. 94–502, § 310(15), substituted “such person is attending” for “he is attending”, “the Administrator finds that” for “he finds that”, and “the person’s” for “his” in two places.
Pub. L. 94–502, § 307, inserted provision specifying progress as unsatisfactory when the veteran will not be able to graduate within the approved length of the course.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–466 effective , except as otherwise specifically provided, see section 802(c) of Pub. L. 96–466, set out as a note under section 3452 of this title.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95–202 effective first day of first month beginning 60 days after , see section 501 of Pub. L. 95–202, set out as a note under section 101 of this title.
Effective Date of 1976 Amendment
Amendment by sections 307 and 310(15) of Pub. L. 94–502 effective , and , respectively, see section 703(b), (c) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.
Suspension of Implementation of 1976 Amendment
For provisions directing the Administrator to suspend the implementation of the amendment to this section by section 307 of Pub. L. 94–502 in the case of any accredited educational institution which submits to the Administrator its course catalog or bulletin and a certification that the policies and regulations described in cls. (6) and (7) of section 1776(b) [now 3676(b)(6) and (7)] of this title are being enforced by such institution, unless the Administrator finds that the catalog or bulletin fails to state fully and clearly the policies and regulations, and for that suspension to continue until the Administrator submits the report required under section 305(b)(2) of Pub. L. 95–202, see section 305(b)(4)(A) of Pub. L. 95–202, set out as a note under section 3474 of this title.
Credits
1958–1991 · 6 acts
- 1958Pub. L. 85–857, , 72 Stat. 1197, § 1724
- 1976Pub. L. 94–502, title III, §§ 307, 310(15), , 90 Stat. 2390, 2392
- 1977Pub. L. 95–202, title III, § 305(b)(1), , 91 Stat. 1443
- 1980Pub. L. 96–466, title III, § 328, , 94 Stat. 2197
- 1989Pub. L. 101–237, title IV, §§ 411(b), 412(b), 423(b)(1)(A), , 103 Stat. 2084, 2085, 2092
- 1991renumbered § 3524 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406.
Show as published
(Pub. L. 85–857, , 72 Stat. 1197, § 1724; Pub. L. 94–502, title III, §§ 307, 310(15), , 90 Stat. 2390, 2392; Pub. L. 95–202, title III, § 305(b)(1), , 91 Stat. 1443; Pub. L. 96–466, title III, § 328, , 94 Stat. 2197; Pub. L. 101–237, title IV, §§ 411(b), 412(b), 423(b)(1)(A), , 103 Stat. 2084, 2085, 2092; renumbered § 3524 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406.)