Title 38Veterans' BenefitsRelease 119-73

§3604 Effects of closure of educational institution and modification of courses by reason of emergency situation

Title 38 › Part PART III— - READJUSTMENT AND RELATED BENEFITS › Chapter CHAPTER 36— - ADMINISTRATION OF EDUCATIONAL BENEFITS › Subchapter SUBCHAPTER I— - EMERGENCY SITUATIONS › § 3604

Last updated Apr 6, 2026|Official source

Summary

If an emergency causes a school to close, cancels part or all of a course, or forces a course to be changed so it is disapproved, the VA can pay education benefits for the student without taking those payments out of the student’s normal benefit entitlement or counting them toward the time limit under section 3695. This rule applies to programs under chapters 30, 31, 32, 33, and 35 of Title 38 and chapter 1606 of Title 10. To get the extra payment, the VA must find the student could not finish the course or program because of the closure, cancellation, or modification, and the student did not get credit or lost training time. “Educational assistance” here includes monthly housing stipends under chapter 33 and payments or subsistence allowances under chapters 30, 31, 32, 35 and chapter 1606. The extra time the VA won’t charge cannot be longer than the lost enrollment time plus any stipend extension under section 3680(a)(2)(B). The VA may treat a course that was disapproved because of an emergency as approved for affected students if that is done across the program and it’s in the student’s best interest. A student who was full‑time when the emergency began and later must go part‑time to finish canceled work will still be treated as full‑time for housing or subsistence pay for those months. The VA must notify enrolled students within five business days after learning of a closure, telling them the closure date and how their benefits are affected.

Full Legal Text

Title 38, §3604

Veterans' Benefits — Source: USLM XML via OLRC

(a)Any payment of educational assistance described in subsection (b) shall not—
(1)be charged against any entitlement to educational assistance of the individual concerned; or
(2)be counted against the aggregate period for which section 3695 of this title limits the receipt of educational assistance by such individual.
(b)Subject to subsection (d), the payment of educational assistance described in this subsection is the payment of such assistance to an individual for pursuit of a course or program of education at an educational institution under chapter 30, 31, 32, 33, or 35 of this title or chapter 1606 of title 10, if the Secretary determines that the individual—
(1)was unable to complete such course or program as a result of—
(A)the closure of the educational institution, or the full or partial cancellation of a course or program of education, by reason of an emergency situation; or
(B)the disapproval of the course or a course that is a necessary part of that program under this chapter because the course was modified by reason of such emergency; and
(2)did not receive credit or lost training time, toward completion of the program of education being so pursued.
(c)In this section, educational assistance includes, as applicable—
(1)monthly housing stipends payable under chapter 33 of this title for any month the individual would have been enrolled in a course or program of education; and
(2)payments or subsistence allowances under chapters 30, 31, 32, and 35 of this title and chapter 1606 of title 10 during a month the individual would have been enrolled in a course or program of education.
(d)The period for which, by reason of this section, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the aggregate of—
(1)the portion of the period of enrollment in the course from which the individual did not receive credit or with respect to which the individual lost training time, as determined under subsection (b)(2); and
(2)the period by which a monthly stipend is extended under section 3680(a)(2)(B) of this title.
(e)(1)The Secretary may treat a course of education that is disapproved under this chapter as being approved under this chapter with respect to an individual described in paragraph (2) if the Secretary determines, on a programmatic basis, that—
(A)such disapproval is the result of an action described in subsection (b)(1)(B); and
(B)continuing pursuing such course is in the best interest of the individual.
(2)An individual described in this paragraph is an individual who is pursuing a course of education at an educational institution under chapter 30, 31, 32, 33, or 35 of this title or chapter 1606 of title 10, as of the date on which the course is disapproved as described in subsection (b)(1)(B).
(f)In the case of an individual who, as of the first day of an emergency situation was enrolled on a full-time basis in a program of education and was receiving educational assistance under chapter 33 of this title or subsistence allowance under chapter 31 of this title, and for whom the Secretary makes a determination under subsection (b), the individual shall be treated as an individual enrolled in a program of education on a full-time basis for the purpose of calculating monthly housing stipends payable under chapter 33 of this title, or subsistence allowance payable under chapter 31 of this title, for any month the individual is enrolled in the program of education on a part-time basis to complete any course of education that was partially or fully canceled by reason of the emergency situation.
(g)Not later than five business days after the date on which the Secretary receives notice that an educational institution will close or is closed by reason of an emergency situation, the Secretary shall provide to each individual who is enrolled in a course or program of education at such educational institution using entitlement to educational assistance under chapter 30, 31, 32, 33, or 35 of this title, or chapter 1606 of title 10 notice of—
(1)such closure and the date of such closure; and
(2)the effect of such closure on the individual’s entitlement to educational assistance pursuant to this section.

Reference

Citations & Metadata

Citation

38 U.S.C. § 3604

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73