provider. (q) Rules of construction (1) Nonagency A qualified educational service provider that receives a payment from a Military Education Savings Account pursuant to this section shall not be considered an agent of the State or the Federal Government solely because the provider received such payment. (2) Federal or State supervision Nothing in this section shall be construed to allow any agency of a State or the Federal Government to exercise control or supervision over any qualified educational service provider. (3) Imposition of additional requirements Nothing in this section shall be construed to require a qualified educational service provider to alter its creed, practices, admissions policy, or curriculum in order to be eligible to receive payments from a Military Education Savings Account. (4) Treatment of assistance For purposes of any Federal law, assistance provided under this section shall be considered assistance to the military dependent student or to the parents of a student on whose behalf a Military Education Savings Account is established and shall not be considered assistance to the qualified educational service provider that uses or receives funds from a Military Education Savings Account. (r) Legal proceedings (1) Burden In any legal proceeding in which a qualified educational service provider challenges a requirement imposed by the Department of Education on the provider, the Department shall have the burden of establishing that the law is necessary and does not impose any undue burden on the provider. (2) Limitation on liability (A) In general No liability shall arise on the part of an entity described in subparagraph (B) solely because such entity awards, uses, or receives funds from a Military Education Savings Account. (B) Entity described The entities described in this subparagraph are the following: (i) The Department of Education. (ii) An entity that enters into a contract with the Secretary pursuant to subsection (n). (3) Intervention (A) In general Except as provided in