Veterans Affairs Seeks Additional Data Collection from Institutions with 85/15 Waivers

After a year of confusion, Congress, in 2022, enacted the Ensuring the Best Schools for Veterans Act, clarifying in statute that institutions with less than 35% veteran student enrollment were exempt from the 85/15 rules for monitoring, collecting, or reporting data. However, in an Information Collection Request (ICR) issued this week, the Department of Veterans Affairs (VA), which is seeking input on additional data collection for institutions with the 35% waiver, incorrectly stated that institutions with this waiver must monitor and collect 85/15 data and “are required to provide the complete 85/15 data during regular, periodic compliance survey reviews by VA.”

Based on the 2022 law, however, the only requirement for institutions with the 35% waiver is to verify enrollment every two years. 

While the VA claims it might pay benefits in error without the information from exempt institutions, such a collection is, in fact, a violation of the law. Under current law, accredited institutions with less than 35% GI Bill student enrollment can apply for a waiver from the 85/15 programmatic calculations and compliance.

NAICU is working with the higher education community to submit comments on the ICR and encourages institutions to send their own comments. Comments can be submitted through November 12, 2024.