U.S. Code » Title 38 » Part PART I— GENERAL PROVISIONS › Chapter CHAPTER 1— GENERAL

38 U.S.C. § 104

Approval of educational institutions

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(a) For the purpose of determining whether or not benefits are payable under this title (except chapter 35 of this title) for a child over the age of eighteen years and under the age of twenty-three years who is attending a school, college, academy, seminary, technical institute, university, or other educational institution, the Secretary may approve or disapprove such educational institutions.(b) The Secretary may not approve an educational institution under this section unless such institution has agreed to report to the Secretary the termination of attendance of any child. If any educational institution fails to report any such termination promptly, the approval of the Secretary shall be withdrawn.(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 91–24, § 1(c), June 11, 1969, 83 Stat. 33; Pub. L. 99–576, title VII, § 701(3), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)Editorial NotesAmendments

1991—Pub. L. 102–83 substituted “Secretary” for “Administrator” wherever appearing.

1986—Subsec. (b). Pub. L. 99–576 substituted “report to the Administrator” for “report to him”.

1969—Subsec. (a). Pub. L. 91–24 substituted “the age of twenty-three years” for “the age of twenty-one years”.

Notes of Decisions
Cited in 1 case, 2004–2004 · leading case: George R. Theiss v. Anthony J. Principi, 18 Vet. App. 480 (Vet. App. 2004).
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George R. Theiss v. Anthony J. Principi, 18 Vet. App. 480 (Vet. App. 2004). · cites it 2× “Although the Secretary has been given the discretion to approve or disapprove an educational institution, 38 U.S.C. § 104 (a), his discretion is not unbounded, see 38 U.”
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