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To Our School Partners,
On August 26, 2022, President Joseph R. Biden signed the “Ensuring the Best Schools for Veterans Act of 2022” into law (Senate Bill 4458), which changes certain 85/15 Rule requirements.
Specifically, the new law contains provisions which-
- Exempt accredited schools from 85/15 requirements if their GI Bill student enrollment is lower than 35% of the total student population;
- Exempt programs with less than 10 “supported” students enrolled;
- Classify students on a repayment plan completed no later than 180 days from the end of the term, quarter, or semester as “non-supported;” and
- Allows schools found to be non-compliant with the 85/15 rule to apply for a review of that determination by the Under Secretary for Benefits and the Secretary of Veterans Affairs.
Next Steps for Schools
If VA granted your school or program a 35% Reporting Exemption as part of the October 1, 2021, reset, no action is required.
If you submitted a 35% Reporting Exemption to VA since the October 1, 2021, reset you do not need to reapply. VA is actively reviewing exemption requests and will provide a response to your school directly.
If you have not met the deadline to report and submit the associated application for a 35% Reporting Exemption, you must submit one using VA Form 22-10216, 35% Exemption Request From 85/15 Reporting Requirement.
If your institution does not qualify for a 35% Reporting Exemption, then you must continue to report 85/15 computations as done previously with one important change:
- For terms or calendar quarters beginning on-or-after August 26, 2022, the following students may be classified as non-supported-
- Students who are not Veterans or reservists, and are not in receipt of any institutional aid;
- All graduate students in receipt of institutional aid;
- Students in receipt of any Federal aid (other than Department of Veterans Affairs benefits);
- Undergraduates and non-college degree students receiving any assistance provided by an institution, if the institutional policy for determining the recipients of such aid is equal with respect to Veterans and non-Veterans alike; and
- Students on a repayment plan completed no later than 180 days from the end of the term, quarter, or semester.
Note: Programs with less than 10 “supported” students are exempt. VA will continue requiring schools to report enrollment in those programs to verify that they meet the exemption requirements.
VA will provide additional guidance and training on the new law in the near future.
Respectfully,
Education Service
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