Policy and Legislation
Veterans Education Success is committed to legislative advocacy at the highest levels.
Isakson-Roe
The Johnny Isakson and David P. Roe Veterans Health Care and Benefits Improvement Act of 2020 requires risk-based surveys of colleges (triggered by government agencies or accreditor concerns, among others) and strengthens the ban on deceptive and misleading advertising — including by a school’s third-party contractors. The law also:
- Restores VA education benefits to eligible students if a school program closes or is disapproved;
- Requires proper accreditation and programmatic accreditation;
- Places the burden on schools, not students, of repaying any tuition overpayment to the VA;
- Requires clear information to prospective students; and
- Extends in-state tuition at public colleges to veterans, regardless of their residency and date of separation from the military.
Veterans Education Success proposed, and provided significant input on, these provisions that were enacted with unanimous votes in Congress. Learn more here.
Concerns exist over how the VA has been interpreting the updated statute regarding closed school restoration of GI Bill benefits, and how VA has presented the the information on its closed school restoration website page. A bill introduced in February 2022 addresses this issue.
Colmery Act
The Harry W. Colmery Veterans Educational Assistance Act of 2017, also known as the “Forever GI Bill,” includes 31 GI Bill-related provisions that expand and enhance opportunities for veterans using the GI Bill in pursuit of their educational and career goals has changed the work of SCOs.
8 Keys to Student Success
A voluntary initiative for institutions launched in 2013 through the Departments of Education, Veterans Affairs, and Defense, the 8 Keys to Veterans’ Success are steps that colleges and universities can take to support veterans and service members as they pursue their educational goals.
Principles of Excellence
The Principles of Excellence were announced in 2012 by President Obama in Executive Order 13607, to ensure that student veterans, service members, and family members have information, support, and protections while using Federal education benefits. These Principles are now baked into quite a bit of the legislative and compliance efforts under which institutions of higher education fall, including, for example, Isakson and Roe, Section 1018.
Veterans Education Success’ founder received several awards from veterans & military organizations for a leading role in proposing and designing this Executive Order.
The Principles affect the work of student financial aid professionals, creating the need to develop a “shopping sheet” or college financial plan that explains all options to beneficiaries — among other clarifications required.
VETS Credit Act
On December 27th, President Biden signed into law the Veterans Eligible to Transfer School Credit Act (VETS). The purpose of the act is to restore benefit eligibility to students whose educational institution was closed or disapproved.
- Students may certify in writing that they’re transferring fewer than 12 credits; then VA will restore benefits and issue a certificate of eligibility.
- If 12 or more credits are transferred, then VA will not issue a new certificate of eligibility.
- VA can rescind restored benefits, based on information provided by the new school.
A provision also exists for those transferring Post 9/11 GI Bill benefits to a dependent:
- The VETS Act removes the requirement that an individual transferring Post-9/11 GI Bill benefits to a dependent(s), specify the period for which the transfer will be effective.
VES Put out a Press Release that provides more detail and clarity
VETS or Public Law 117-297 is available here in it’s entirety.
- The Incredible Shrinking Future of College by Kevin Carey
Compliance
VA/SAA Compliance Surveys
Compliance surveys are conducted in order to ensure that schools and training establishments, and their approved courses, are in compliance with all applicable provisions of the laws VA administers. All SCOs know, or will come to know, the reality of a compliance survey by the VA, their SAA, or recently, a third party entity with whom the VA has contracted. These come with little warning and are effectively audits. A few tips are below, followed by some resources to help prepare for the visit.
- Organize — Keep student files up to date and then re-organize them around the checklist provided. Put certs in order and have the billing statements front and center.
- Plan — Read the checklist very carefully. Use it to begin to build your plan.
- Connect — Reach out to campus allies, including your Internal Audit or Legal Counsel for assistance and guidance.
- Day Of — On the day of the review, have everything laid out and bring supervision or those folks mentioned above to the initial interview.
During its annual conferences, the Association of Veterans Education Certifying Officials (AVECO) has produced the definitive resources on preparation for both standard compliance and Risk-Based Surveys:
Also helpful:
DoD MOU
The Department of Defense Memorandum of Understanding (DoD MOU) is a document that must be signed by any institution that wishes to receive Tuition Assistance (TA). The TA Program is designed to provide opportunities for service members to realize their educational goals while allowing for judicious oversight. This agreement comes with a whole list of compliance items, audits, and corrective action plans.
- Original Department of the Navy Slide Deck on compliance
- DoD MOU Institution Compliance page with tutorials
85/15 and 35% Waivers
One of the many responsibilities an SCO often holds is to coordinate the collection of data for the 85/15 requirement and the 35% waiver. The 85/15 Rule caps the enrollment of “supported students” to no more than 85% of total enrollments in an eligible program of study. In the past this has proven to be a burdensome process for institutions.
Good news however! 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. Most notably, the legislation provides an exemption for institutions where fewer than 35% of students receive “VA aid” (defined as financial benefits paid under Chapters 30, 31, 33, 35 and 36 of Title 38 and Chapter 1606 of Title 10). The VA released some initial guidance in the link below. As new trainings occur; they will get posted right here!
General Policy Resources
- Veterans Education Success resources on policy and legislation.
- The American Legion’s education page.
- Student Veterans of America policy page.
- The Today’s Student Coalition works on policy that impacts student veterans like emergency aid, childcare, and more.