agency. Such term shall also include a hospital offering educational programs at the postsecondary level without regard to whether the -hospital grants a postsecondary degree. (Added P.L. 94-502, § 302.)

(11) For the purposes of this chapter and chapter 36 of this title, the term "standard college degree" means an associate or higher degree awarded by (A) an institution of higher learning that is accredited as a collegiate institution by a recognized regional or national accrediting agency; or (B) an institution of higher learning that is a "candidate" for accreditation as that term is used by the regional or national accrediting agencies; or (C) an institution of higher learning upon completion of a course which is accredited by an agency recognized to accredit specialized degree-level programs. For the purpose of this section, the accrediting agency must be one recognized by the Commissioner of Education under the provisions of section 1775 of this title. (Added P.L. 94-502, § 302.)

(b) If an eligible person has attained the person's majority and is under no known legal disability, all references in this chapter to "parent or guardian" shall refer to the eligible person. (Amended P.L. 94-502, § 310 (3).)

(c) Any provision of this chapter which requires any action to be taken by or with respect to the parent or guardian of an eligible person who has not attained such person's majority, or who, having attained such person's majority, is under a legal disability, shall not apply when the Administrator determines that its application would not be in the best interest of the eligible person, would result in undue delay, or would not be administratively feasible. In such a case the Administrator, where necessary to protect the interest of the eligible person, may designate some other person (who may be the eligible person) as the person by or with respect to whom the action so required should be taken. (Amended P.L. 94-502, § 310 (4).)

(d) No eligible person may be afforded educational assistance under this chapter unless such person was discharged or released after each period such person was on duty with the Armed Forces under conditions other than dishonorable, or while such person is on duty with the Armed Forces. (Amended P.L. 86-236, § 1; P.L. 86-785, § 3; P.L. 88-361, § 1(c); P.L. 89-349, § 1(d); P.L. 89-358, § 4 (j) (3); P.L. 90631, § 2(c) P.L. 94-502, § 310 (5).)

Subchapter II-Eligibility and Entitlement

§ 1710. Eligibility and entitlement generally

Each eligible person shall, subject to the provisions of this chapter, be entitled to receive educational assistance.

§ 1711. Duration of educational assistance

(a) Each eligible person shall be entitled to educational assistance under this chapter for a period not in excess of 45 months (or to the equivalent thereof in part-time training). (Amended P.L. 94–502, § 303 (1).)

(b) If any eligible person pursuing a program of education, or of special restorative training, under this chapter ceases to be an "eligible person" because

(1) the parent or spouse from whom eligibility is derived is found no longer to have a "total disability permanent in nature", as defined in section 1701 (a) (8) of this title,

(2) the parent or spouse from whom eligibility is derived based upon the provisions of section 1701 (a) (1) (A) (iii) or 1701(a)(1)(C) of this title is no longer listed in one of the categories specified therein, or

(3) the spouse, as an eligible person under section 1701(a) (1) (D) of this title, is divorced, without fault on such person's part, from the person upon whose disability such person's eligibility is based,

then such eligible person (if such person has sufficient remaining entitlement) may, nevertheless, be afforded educational assistance under this chapter until the end of a quarter or semester for which enrolled if the educational institution in which such person is enrolled is operated on a quarter or semester system, or if the educational institution is not so operated until the end of the course, or until 12 weeks have expired, whichever first occurs. (Added P.L. 88-361, § 2; amended P.L. 90-631, § 2(d); P.L. 91-24, § 9(b); P.L. 91-584, §2; P.L. 94–502, §§ 303 (2), 310(6).)

§ 1712. Periods of eligibility 1, 2

(a) The educational assistance to which an eligible person (within the meaning of section 1701 (a) (1) (A)) is entitled under section 1711 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 (Amended P.L. 90-77; § 307 (a); P.L. 90-631, § 2 (e) (1); P.L. 94-502, § 310(7).)

(1) if the person is above the age of compulsory school attendance under applicable State law, and the Administrator determines that the person's best interests will be served thereby, such period may begin before the person's eighteenth birthday: (Amended P.L. 94-502, § 310(7).)

1 Sec. 307 (b), Public Law 90-77, provides :

"(b) In the case of any eligible person (within the meaning of section 1701 (a) (1) or 1765 (a) of title 38. United States Code) who is made eligible for educational assistance under the provisions of chapter 35 of title 38. United States Code, solely by virtue of the amendments made by subsection (a) of this section, and who on the effective date of this Act is below the age of twenty-six years, the period referred to in section 1712 of such title shall not end with respect to such person until the expiration of the five-year period which begins on the effective date of this Act, excluding from such five-year period any period of time which may elapse between the date on which application for benefits of such chapter 35 is filed on behalf of such person and the date of final approval of such application br the Administrator of Veterans' Affairs; but in no event shall educational assistance under such chapter 35 be afforded to any eligible person beyond his thirty-first birthday by reason of this section."

Sec. 604 (b), Public Law 92-540, provides:

"(b) Notwithstanding the provisions of section 1712 (a) or 1712(b) of title 38, United States Code, an eligible person, as defined in section 1701(a)(1) of such title. who is entitled to pursue a program of apprenticeship or other on-job training by virtue of the provisions of section 1787 of such title (as added by section 316 of this Act) shall have 10 years from the date of the enactment of this Act in which to complete such a program of training, except that an eligible person defined in section 1701 (a)(1)(A) of such title may not be afforded educational assistance beyond the person's thirty-first birthday." (Amended P.L. 93-337, § 3.)

(2) if the person has a mental or physical handicap, and the Administrator 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 1736 of this title, such period may begin before the person's eighteenth birthday, but not before the person's fourteenth birthday; (Amended P.L. 92-540, § 402 (1); P.L. 94-502, §310(7).)

(3) if the Administrator 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) applies) such period shall end 8 years after, whichever date last occurs (A) the date on which the Administrator first finds that the parent from whom eligibility is derived has a service-connected total disability permanent in nature, or (B) the date of death of the parent from whom eligibility is derived; (Added P.L. 87-815, § 2(a); amended P.L. 88-361, § 3(a); P.L. 90-77, § 307(a); P.L. 91-219, § 208 (1); P.L. 94-502, §§ 304(1), 310(7).)

(4) 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 his 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 him as a Reserve after July 30, 1961, or (B) an extension of an 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; and (Added P.L. 87-815, § 2(a); amended P.L. 90-77, § 307 (a).); P.L. 94502, §§ 304 (1), 310(7).)

(5) (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. (Amended P.L. 94– 502, § 304 (2).)

(b) (1) No person made eligible by section 1701(a)(1) (B) or (D) of this chapter may be afforded educational assistance under this chapter beyond 10 years after whichever last occurs:

(A) the date on which the Administrator first finds the spouse from whom eligibility is derived has a service-connected total disability permanent in nature, or

(B) the date of death of the spouse from whom eligibility is derived.1, 2

(2) Notwithstanding the provisions of pargaraph (1) of this subsection, in the case of any eligible person (as defined in section 1701 (a) (1) (B), (C), or (D) of this chapter) who was prevented from initiating or completing such person's chosen program of education within such period because of a physical or mental disability which was not the result of such person's own willful misconduct, such person shall, upon application, be granted an extension of the applicable delimiting period for such length of time as the Administrator determines, from the evidence, that such person was prevented from initiating or completing such program of education. (Amended P.L. 90-631, § 2(e) (2); P.L. 91-584, §3(1); P.L. 93-337, §2(1); P.L. 95–202, § 203 (a) (2).)

(c) Notwithstanding the provisions of subsection (a) of this sec tion, an eligible person may be afforded educational assistance beyond the age limitation applicable to such person under such subsection if (1) such person suspends pursuit of such person's program of education after having enrolled in such program within the time period applicable to such person under such subsection, (2) such person is unable to complete such program after the period of suspension and before attaining the age limitation applicable to such person under such subsection, and (3) the Administrator finds that the suspension was due to conditions beyond the control of such person; but in no event shall educational assistance be afforded such person by reason of this subsection beyond the age limitation applicable to such person under subsection (a) of this section plus a period of time equal to the period such person was required to suspend the pursuit of such person's program. or beyond such person's thirty-first birthday, whichever is earlier. (Added P.L. 87-819, § 2; amended P.L. 94-502, § 310 (8).)

(d) The term "first finds" as used in this section means the effective date of the rating or date of notification to the veteran from whom eligibility is derived establishing a service-connected total disability permanent in nature whichever is more advantageous to the eligible person. (Added P.L. 91-219, § 208 (2).)

(e) No person made eligible by section 1701 (a) (1) (C) of this title may be afforded educational assistance under this chapter beyond 10 years after the date on which the spouse was listed by the Secretary concerned in one of the categories referred to in such section or the date of enactment of this subsection, whichever last occurs. (Added P.L. 91-584, § 3(2); amended P.L. 93-337, § 2(2); P.L. 94–502. § 310 (9).)

1 Sec. 2(f), Public Law 90-631, provides: “(f). In the case of any person who is an eligible person by reason of subparagraph (B) or (C) of section 1701(a)(1) of title 38, United States Code (as added by subsection (b) of this section), if the date of death or the date of the determination of service connected total disability permanent in nature of the person from whom eligibility is derived occurred before the effective date of this section, the eight-year delimiting period referred to in section 1712(b) of such title (as amended by subsection (e) (2) of this section) shall run from such effective date."

* Sec. 604 (a), Public Law 92-540, provides :

"(a) Notwithstanding the provisions of section 1712(b) of title 38, United States Code. a wife or widow (1) eligible to pursue a program of education exclusively by correspond ence by virtue of the provisions of section 1736 of such title (as added by section 316 of this Act) or (2) entitled to receive the benefits of subsection (a) of section 1733 of this title (as added by section 313 of this Act), shall have 10 years from the date of the enactment of this Act in which to complete such a program of education or receive such benefits." (Amended P.L. 93-337, § 3.)

(f) Any eligible person (as defined in section 1701(a)(1) (B), (C), or (D) of this chapter) shall be entitled to an additional period of eligibility for an education loan under subchapter III of chapter 36 of this title beyond the maximum period provided for in this section pursuant to the same terms and conditions set forth with respect to an eligible veteran in section 1662 (a) (2) of this title. (Added P.L. 95202, § 203 (b) (2).)

(g) Any entitlement used by any eligible person as a result of eligibility under the provisions of section 1701 (a) (1) (A) (iii) or 1701 (a) (1) (C) of this title shall be deducted from any entitlement to which such person may subsequently become entitled under the provisions of this chapter. (Added P.L. 91-584, § 3(2); amended P.L. 94-502, § 310 (9); P.L. 95-202, § 203 (b) (2).)

§ 1713. Application

The parent or guardian of a person or the eligible person if such person has attained legal majority for whom educational assistance is sought under this chapter shall submit an application to the Administrator which shall be in such form and contain such information as the Administrator shall prescribe. If the Administrator finds that the person on whose behalf the application is submitted is an eligible person, the Administrator shall approve the application provisionally. The Administrator shall notify the parent or guardian or eligible person (if the person has attained legal majority) of the provisional approval or of the disapproval of the application. (Amended P.L. 94-502, § 305.)

§ 1714. Processing of applications

(a) Further processing of an application for educational assistance and the award of such assistance shall be pursuant to the requirements of subchapters III and IV of this chapter unless the parent or guardian requests special restorative training for the eligible person, in which case the application will be processed under subchapter V of this chapter.

(b) If the request for special restorative training is approved, educational assistance will be afforded pursuant to the terms of subchapter V of this chapter. If the request for special restorative training is disapproved, or if approved the restorative training is completed or discontinued, any educational assistance subsequently afforded will be in accordance with subchapters III and IV of this chapter.

Subchapter III-Program of Education

$1720. Development of educational plan

(a) Upon provisional approval of an application for educational assistance for a person eligible within the meaning of section 1701 (a) (1) (A), the Administrator shall arrange for, and the eligible person shall take advantage of, educational or vocational counseling to assist the parent or guardian and the eligible person in selecting such person's educational, vocational, or professional objective and in developing such person's program of education. Such counseling shall not be