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85/15 and Approved Rule 56

The Veterans Education Project (VEP) has consistently advocated for policies that enhance educational opportunities for veterans. In this context, we wish to address recent developments concerning the Department of Veterans Affairs’ (VA) proposed changes to the 85/15 Rule.

Understanding the 85/15 Rule

The 85/15 Rule is a policy that restricts veterans from using their educational benefits for programs where more than 85% of enrolled students receive financial support from the institution or the VA. Originally implemented during the Korean War to prevent predatory practices, this rule aimed to ensure program quality by requiring a minimum percentage of non-supported students. 

VEP’s Position on Proposed Changes

The VA has proposed several modifications to the 85/15 Rule, including:

  1. Elimination of Certain Calculation Exemptions

One of the most significant proposed changes is the removal of exemptions for specific types of students when calculating the 85/15 ratio. Under current policy, certain students are not counted as “supported” when determining whether a program exceeds the 85% threshold. These exemptions include students receiving:

  • Merit-based scholarships or institutional aid not tied to military service
  • Athletic scholarships funded by the institution
  • Private, non-government financial aid

By eliminating these exemptions, more students would be classified as “supported,” making it more likely that a program exceeds the 85% limit. This could result in the disqualification of some programs from accepting student veterans who wish to use their GI Bill benefits.

VEP strongly advises against this change, as it would disproportionately impact programs that naturally attract veteran students, such as career-oriented training, online education, and technical certifications. Instead of expanding options for veterans, this adjustment may force schools to limit their enrollment of veterans or eliminate GI Bill eligibility for certain programs altogether.

  1. Revised Compliance Waiver Criteria

While VEP is opposed to stricter 85/15 calculations, we do recognize that the VA has taken a step in the right direction by streamlining compliance waiver criteria. Currently, schools may apply for a waiver from 85/15 reporting requirements if they can demonstrate broad public or civilian interest in their programs. However, the waiver process has often been cumbersome and inconsistent.

Under the proposed changes, the criteria for waivers would be refined to focus on more relevant factors, reducing unnecessary administrative burdens on schools. By making the waiver process more efficient, more institutions may be able to qualify, helping maintain veteran access to high-demand programs.

VEP supports this adjustment, provided it does not create new barriers for institutions serving veteran students. An effective waiver process should ensure that schools with strong academic and career training programs remain accessible to veterans while still maintaining safeguards against predatory institutions.

  1. Adjusted Reporting Timelines

The VA has also proposed changes to the timeline for submitting compliance reports related to the 85/15 Rule. Currently, institutions must provide frequent updates to demonstrate compliance, which can be a burdensome process, particularly for schools with high veteran enrollment.

The proposed rule changes aim to provide more flexibility in reporting deadlines while still maintaining oversight. If properly implemented, this could reduce administrative workload for schools without compromising protections against fraud or abuse. However, VEP cautions that any timeline adjustments should not create additional uncertainty for veteran students or delay their ability to enroll in eligible programs.

While these changes may appear administrative, VEP is concerned that they could inadvertently limit veterans’ access to educational programs. By classifying more student veterans as supported, institutions might exceed the 85% threshold, making certain programs ineligible for veterans’ benefits. This could restrict veterans’ choices and hinder their educational pursuits.

Support for Adjustments to Education Service Waivers

Conversely, VEP acknowledges and welcomes the VA’s efforts to refine the criteria for Education Service Waivers. By considering fewer, more relevant factors, the waiver process can become more streamlined and effective. This adjustment has the potential to provide institutions with greater flexibility, ensuring that veterans can access a broader range of educational programs without unnecessary bureaucratic hurdles.

Conclusion

VEP remains committed to advocating for policies that expand, rather than restrict, educational opportunities for veterans. We urge the VA to carefully consider the potential implications of the proposed changes to the 85/15 Rule and to prioritize adjustments that enhance access to quality education for our nation’s veterans.

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