Veterans Affairs Regulations Concerning the Disapproval of Courses

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Veterans Affairs Regulations Concerning the Disapproval of Courses: 38 USC §3679

     Course Disapproval

  1. Any course approved for the purposes of this chapter that fails to meet applicable requirements shall be subject to disapproval by the Secretary of Veterans Affairs or the appropriate State Approving Agency (SAA). Educational institutions whose courses are disapproved will be notified in writing of such action.
  2. If a course would otherwise be subject to disapproval solely because the U.S. Department of Education withdraws recognition of the accrediting agency that accredited the course, the Secretary of Veterans Affairs, in consultation with the Secretary of Education, may continue to recognize the course as approved for a period not to exceed eighteen (18) months unless evidence exists to support disapproval under applicable law. Students enrolled in such courses will be notified regarding the status of the course.

  3. Notification Requirements

    Each State Approving Agency shall notify the Secretary of Veterans Affairs of courses disapproved under this section. The Secretary shall notify the appropriate State Approving Agency of any educational institution disapproved under Chapter 31.

  4. Resident Tuition Requirements for Covered Individuals
    1. In accordance with federal law, a public institution of higher learning may not charge covered individuals receiving educational assistance under Chapter 30, Chapter 31, or Chapter 33 tuition and fees at a rate higher than that charged to residents of the state in which the institution is located while the individual is residing in that state.
    2. For purposes of this subsection, a covered individual includes:
      1. A veteran discharged or released from active military, naval, or air service after serving not fewer than ninety (90) days and who enrolls within the period prescribed by federal law.
      2. An individual entitled to educational assistance under applicable provisions of Chapter 33, including eligible dependents utilizing transferred benefits.
      3. An individual entitled to rehabilitation benefits under Chapter 31.
    3. Covered individuals who remain continuously enrolled, other than during regularly scheduled breaks, shall continue to receive the protections afforded under this provision.
    4.  Nothing in this section prohibits an institution from requiring a covered individual to demonstrate intent to establish residency through means other than physical presence or from satisfying other requirements unrelated to residency.
    5. The Secretary may waive these requirements when permitted by federal law.
    6. Disapproval under this subsection applies only to educational assistance provided under Chapters 30, 31, and 33.

  5. Licensure and Certification Disclosure Requirements

    Educational institutions offering courses designed to prepare students for licensure, certification, or professional approval must publicly disclose any conditions, additional requirements, training, experience, or examinations required to obtain such licensure, certification, or approval as required by federal law.

  6. VA Educational Benefits Compliance
    1. Newberry College permits covered individuals receiving educational assistance under Chapter 31, Veteran Readiness and Employment (VR&E), or Chapter 33, Post-9/11 GI Bill® benefits, to attend or participate in a course of education during the period beginning on the date the student provides documentation of eligibility and ending on the earlier of:
      1. The date payment is received from the U.S. Department of Veterans Affairs; or
      2. Ninety (90) days after the College certifies tuition and fees following receipt of documentation of eligibility.

Newberry College will not impose penalties on covered individuals due to delayed disbursement of VA educational benefits. Such penalties include, but are not limited to:

  • Assessment of late fees;
  • Denial of access to classes, libraries, or other institutional facilities;
  • Denial of access to educational services; or
  • Requiring a student to secure alternative or additional funding solely because VA educational benefit payments have not yet been received.
  1. For purposes of this subsection, a covered individual is an individual entitled to educational assistance under Chapter 31 or Chapter 33.
    1. The Secretary may waive these requirements when permitted by federal law.
    2. Nothing in this subsection prohibits Newberry College from requiring a student to:
      1. Submit a Certificate of Eligibility (COE);
      2. Submit a written request to utilize VA educational benefits; or
      3. Provide information necessary for certification of enrollment.
Rule of Construction
Nothing in this policy prohibits Newberry College from collecting any portion of tuition, fees, or other charges that remain the responsibility of the student and are not covered by VA educational benefits.