(a)(1) The Secretary or a State approving agency may approve accredited programs (including non-degree accredited programs) offered by proprietary for-profit educational institutions when—
(A) such courses have been accredited and approved by a nationally recognized accrediting agency or association;
(B) such courses are conducted under the Act of February 23, 1917 (20 U.S.C. 11 et seq.); 1
(C) such courses are accepted by the State department of education for credit for a teacher's certificate or a teacher's degree; or
(D) such courses are approved by the State as meeting the requirement of regulations prescribed by the Secretary of Health and Human Services under sections 1819(f)(2)(A)(i) and 1919(f)(2)(A)(i) of the Social Security Act (42 U.S.C. 1395i–3(f)(2)(A)(i) and 1396r(f)(2)(A)(i)).
(2)(A) For the purposes of this chapter, the Secretary of Education shall publish a list of nationally recognized accrediting agencies and associations which that Secretary determines to be reliable authority as to the quality of training offered by an educational institution.
(B) Except as provided in section 3672(e) of this title, a State approving agency may utilize the accreditation of any accrediting association or agency listed pursuant to subparagraph (A) of this paragraph for approval of courses specifically accredited and approved by such accrediting association or agency.
(3)(A) An educational institution shall submit an application for approval of courses to the appropriate State approving agency. In making application for approval, the institution (other than an elementary school or secondary school) shall transmit to the State approving agency copies of its catalog or bulletin which must be certified as true and correct in content and policy by an authorized representative of the institution.
(B) Each catalog or bulletin transmitted by an institution under subparagraph (A) of this paragraph shall—
(i) state with specificity the requirements of the institution with respect to graduation;
(ii) include the information required under paragraphs (6) and (7) of section 3676(b) of this title; and
(iii) include any attendance standards of the institution, if the institution has and enforces such standards.
(b) As a condition of approval under this section, the Secretary or the State approving agency must find the following:
(1) The educational institution keeps adequate records, as prescribed by the Secretary or the State approving agency, to show the progress and grades of the eligible person or veteran and to show that satisfactory standards relating to progress and conduct are enforced.
(2) The educational institution maintains a written record of the previous education and training of the eligible person or veteran that clearly indicates that appropriate credit has been given by the educational institution for previous education and training, with the training period shortened proportionately.
(3) The educational institution and its approved courses meet the criteria of paragraphs (1), (2), and (3) of section 3676(c) of this title.
(c)(1) A State approving agency may approve the entrepreneurship courses offered by a qualified provider of entrepreneurship courses.
(2) For purposes of this subsection, the term "entrepreneurship course" means a non-degree, non-credit course of business education that enables or assists a person to start or enhance a small business concern (as defined pursuant to section 3(a) of the Small Business Act (15 U.S.C. 632(a))).
(3) Subsection (a) and paragraphs (1) and (2) of subsection (b) shall not apply to—
(A) an entrepreneurship course offered by a qualified provider of entrepreneurship courses; and
(B) a qualified provider of entrepreneurship courses by reason of such provider offering one or more entrepreneurship courses.
(4) Notwithstanding paragraph (3), a qualified provider of entrepreneurship courses shall maintain such records as the Secretary determines to be necessary to comply with reporting requirements that apply under section 3684(a)(1) of this title with respect to eligible persons and veterans enrolled in an entrepreneurship course offered by the provider.
(Added Pub. L. 88–126, §1, Sept. 23, 1963, 77 Stat. 159, §1775; amended Pub. L. 89–358, §3(a)(8), Mar. 3, 1966, 80 Stat. 21; Pub. L. 94–502, title V, §§504, 513(a)(2), Oct. 15, 1976, 90 Stat. 2399, 2402; Pub. L. 96–466, title VIII, §801(d), Oct. 17, 1980, 94 Stat. 2216; Pub. L. 101–237, title IV, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered §3675 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–568, title III, §312, Oct. 29, 1992, 106 Stat. 4330; Pub. L. 103–446, title VI, §605(a)(2)(A), Nov. 2, 1994, 108 Stat. 4672; Pub. L. 104–275, title I, §103(c), Oct. 9, 1996, 110 Stat. 3326; Pub. L. 108–183, title III, §305(a), Dec. 16, 2003, 117 Stat. 2660; Pub. L. 108–454, title I, §110(c)(1), Dec. 10, 2004, 118 Stat. 3605; Pub. L. 111–377, title II, §203(c), Jan. 4, 2011, 124 Stat. 4125.)
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Last modified: October 26, 2015