AAU joined ACE and eight other higher education associations in responding to the Department of Veterans Affairs’ notice of proposed rulemaking on amendments to 85/15 rule calculations.
As the comment letter explains, earlier this year, Congress passed the Ensuring the Best Schools for Veterans Act, which exempts any institution that has a veteran population less than 35% of its total student enrollment and that has a majority of its programs approved under section 3672 or 3675 of Chapter 38 from “all 85/15 requirements, including reporting, computing, monitoring, and complying with 85/15 ratios.” The letter notes that the VA’s proposed rule, however, fails to include any reference to the 35% exemption. “Without further clarity on this point, officials at traditional colleges and universities may mistakenly believe the proposed rule applies to their institution when, in fact, it does not,” the letter noted.
Given the potential for confusion, the associations asked VA to ensure that the final rule highlights and reiterates the 35% exemption. Doing so, the letter emphasized, “would provide important clarity for school certifying officials, as well as Education Liaison Representatives, about the requirements of the law.”