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Dear GI Bill Partner,
On August 26, 2022, President Joseph R. Biden signed the Ensuring the Best Institutions for Veterans Act of 2022 into law (Public Law 117-174), which changes certain 85/15 Rule reporting requirements.
Reminder on exemption status and next steps
Your institution is exempt if VA granted your institution a 35% Reporting Exemption on or after the 35% exemption reset on October 1, 2021.
- No action is required from your institution.
Your institution’s exemption status is pending if your institution submitted a 35% Reporting Exemption to VA on or after October 1, 2021.
- Your institution does not need to reapply. VA is actively reviewing exemption requests and will provide a response to your institution directly.
- While your institution’s status is pending, your institution may be notified by VA if it is subject to 85/15 requirements.
Your institution does not have an exemption or pending request if it did not submit the associated application for a 35% Reporting Exemption.
- If your institution would like to be considered, your institution must submit a request using VA Form 22-10216, 35% Exemption Request From 85/15 Reporting Requirement.
- Institutions for which programs are approved under either 38 U.S.C. § 3672 or § 3675, notwithstanding the second paragraph of VA Form 22-10216’s General Instructions, your VA Form 22-10216 alone is sufficient for applying for exemption status for semester, quarters or terms starting on or after August 26, 2022.
You may be requested to provide 85/15 reports for enrollment periods that began prior to August 26, 2022, such as during a compliance survey.
Thank you for your patience as VA continues to work through these legislative changes. We will continue to provide guidance and training.
Respectfully,
Education Service
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