Ensuring the Best Schools for Veterans Act of 2022

Aug 26, 2022
Aug 26, 2022

Summary

Changes how the VA checks if schools have too many students using VA funds, making the process clearer and adding ways for schools to appeal.

What problem does this solve?

The process for determining if a school met the "85/15 rule," which limits the number of VA-funded students, was rigid and could unfairly penalize schools. This law creates a clear review process and exceptions to ensure veterans can attend quality programs without interruption.

What does this law do?

Establishes a review process for schools
Creates a formal process for a school to ask for a review if the VA finds it has more than 85% of students in a course paid for by the VA.
Creates exemptions for certain institutions
The 85/15 rule does not apply to schools where 35% or less of the total student body receives VA education funds, though they must verify this every two years.
Sets deadlines for reviews
Schools must ask for a review within 30 days of a term's start. The VA's Under Secretary of Benefits must issue a decision within 30 days of the request.
Allows for final appeals
A school can ask the Secretary of Veterans Affairs to review a decision made by the Under Secretary, providing a final level of appeal.

Who does this affect?

  • Veterans using education benefits
  • Educational institutions
  • Department of Veterans Affairs

What is the real world impact?

Creates a fair review process for schools
Gives schools a formal way to challenge a VA decision that they have too many VA-funded students. This helps prevent schools from being unfairly cut off from veteran benefits.
Provides flexibility for certain schools
Exempts schools from the 85/15 rule if their overall veteran population is low (35% or less), making it easier for them to operate without constant monitoring for every single course.
May weaken protections against predatory schools
The 85/15 rule was created to stop schools from existing only to get GI Bill money. Making it easier to get around this rule could potentially allow low-quality or predatory schools to target veterans.

When does this start?

The changes apply to school terms that begin on or after August 26, 2022, and establish new timelines for the review process.
School review request deadline
An educational institution must request a review of a VA determination no later than 30 days after the start of the school term.
VA initial decision deadline
The Under Secretary of Benefits must issue an initial decision on a school's review request within 30 days of receiving it.