# § 3491. Elementary and secondary education and preparatory educational assistance
**(a)** In the case of any eligible veteran who—
the Secretary may, without regard to so much of the provisions of section 3471 of this title as prohibit the enrollment of an eligible veteran in a program of education in which the veteran is “already qualified”, approve the enrollment of such veteran in an appropriate course or courses or other special educational assistance program.
**(1)** has not received a secondary school diploma (or an equivalency certificate), or
**(2)** is not on active duty and who, in order to pursue a program of education for which the veteran would otherwise be eligible, needs refresher courses, deficiency courses, or other preparatory or special educational assistance to qualify for admission to an appropriate educational institution,
**(b)**
**(1)** The Secretary shall pay to an eligible veteran pursuing a course or courses or program pursuant to subsection (a)(2) of this section, an educational assistance allowance as provided in sections 3481 and 3482(a) or (b) of this title.
**(2)** The Secretary shall pay to an eligible veteran described in subsection (a)(1) of this section who is pursuing a course or courses or program under this subchapter for the purpose of attaining a secondary school diploma (or an equivalency certificate) an educational assistance allowance (A) at the rate of established charges for tuition and fees required of similarly circumstanced nonveterans enrolled in the same course, courses, or program, or (B) at the institutional full-time rate provided in section 3482(a) of this title, whichever is the lesser.
**1** The provisions of section 3473(d)(1) [^1] of this title, relating to the disapproval of enrollment in certain courses, shall be applicable to the enrollment of an eligible veteran who, while serving on active duty, enrolls in one or more courses under this subchapter for the purpose of attaining a secondary school diploma (or an equivalency certificate).
See References in Text note below.
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**Source Credit**: (Added Pub. L. 91–219, title II, § 204(a)(4), Mar. 26, 1970, 84 Stat. 79, § 1691; amended Pub. L. 92–540, title III, § 305, Oct. 24, 1972, 86 Stat. 1081; Pub. L. 94–502, title II, § 211(12), Oct. 15, 1976, 90 Stat. 2389; Pub. L. 96–466, title III, § 311, Oct. 17, 1980, 94 Stat. 2194; Pub. L. 97–295, § 4(43), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 97–306, title II, § 203(b), Oct. 14, 1982, 96 Stat. 1434; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3491 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Editorial Notes
### References in Text
, referred to in subsec. (c), was repealed by , , .
### Amendments
1991—, renumbered as this section.
Subsec. (a). , substituted “3471” for “1671” in concluding provisions.
Subsec. (b). , substituted “3481 and 3482(a)” for “1681 and 1682(a)” in par. (1) and “3482(a)” for “1682(a)” in par. (2).
Subsec. (c). , substituted “3473(d)(1)” for “1673(d)(1)”.
1989—Subsecs. (a), (b). substituted “Secretary” for “Administrator” wherever appearing.
1982—Subsec. (a). , inserted “of this title” after “section 1671”.
Subsec. (b)(2). , inserted “of this title” after “section 1682(a)”.
Subsec. (c). substituted “section 1673(d)(1)” for “section 1673(d)”.
1980—Subsec. (a). , in provisions preceding par. (1) struck out “not on active duty” after “eligible veteran”, in par. (1) struck out “at the time of the veteran’s discharge or release from active duty” after “(or an equivalency certificate)”, and in par. (2) inserted “is not on active duty and who,” before “in order to pursue”.
Subsec. (b). , designated existing provisions as par. (1), substituted reference to subsec. (a)(2) of this section for reference to subsec. (a) of this section, and added par. (2).
Subsec. (c). , added subsec. (c).
1976—Subsec. (a). substituted “the veteran’s” for “his” and “the veteran” for “he” wherever appearing.
1972—Subsec. (b). struck out provision relating to the approval in excess of half-time training as defined pursuant to of enrollment in adult evening secondary school courses.
## Statutory Notes and Related Subsidiaries
### Effective Date of 1980 Amendment
Amendment by effective , except that subsec. (b)(2) of this section, as added by , not applicable to any person receiving educational assistance under this chapter on , for the pursuit of a program of education in which such person is enrolled on that date, for as long as such person continuously thereafter is so enrolled and meets the requirements of eligibility for such assistance for pursuit of such program, see , set out as a note under .
### Effective Date of 1976 Amendment
Amendment by effective , see , set out as an Effective Date note under .