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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 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 must continue to monitor its 85% enrollment ratios and report to VA should a program exceed 85% supported students.
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.
- Until notified otherwise by VA, your institution is still subject to 85/15 requirements, including routine reporting.
Your institution does not have an exemption or pending request if it did not submit the associated application for a 35% Reporting Exemption by the October 1, 2021, deadline.
- 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. Your VA Form 22-10216 must be accompanied by a complete VA Form 22-10215, Statement of Assurance of Compliance with 85 Percent Enrollment Ratios.
- Until notified otherwise by VA, your institution is still subject to 85/15 requirements, including regular reporting.
You may be requested to provide 85/15 reports to include both those enrollment periods that began prior to, or on or after, August 26, 2022.
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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