AAU joined ACE and 22 other higher education associations in sending a letter to the Department of Veterans Affairs, urging them to withdraw their proposed rule redefining distance learning and independent study.
Dear Mr. Alphonso:
On behalf of the American Council on Education (ACE) and the undersigned higher education associations, we write regarding the Department of Veterans Affairs’ (VA) proposed rule to amend its definitions relating to distance learning and independent study—and by extension, expand the scope of programs under State Approval Agency jurisdiction. The higher education community supports the goal of developing accurate, consistent definitions. However, we are concerned about both the substance of VA’s proposed definitions and the consequences of updating definitions through current regulations. Based on the concerns outlined below, we recommend that VA work with Congress to modernize its definitions while maintaining critical guardrails for program quality and integrity.
Concern 1: Proposed Definitions Do Not Align Across Federal Agencies, Contain Inaccuracies
We appreciate that the Department of Veterans Affairs has recognized that its definitions for “independent study,” “distance learning,” and “resident learning,” as currently written, do not align with the common understanding of these terms. Accurate definitions support clarity, consistency, and ensuring a shared understanding between practitioners, students, and other education stakeholders. Further, for policymakers accurate definitions are necessary for developing effective public policy. We recognize that VA’s effort to address stakeholder concerns and clarify terms has in part prompted this proposed rulemaking.
However, we want to echo higher education stakeholder concerns regarding the VA’s proposed definitions.1 A primary concern is that, as currently written, the VA’s proposed definitions do not fully align with existing Department of Education (ED) definitions.2 ED has extensively engaged with the higher education community through its process of negotiated rulemaking to develop its existing definitions, including updates set to take effect in July 2026.3 Given that work, the VA would benefit from collaborating with ED to align definitions across agencies. Further, the VA’s framing of the proposed definitions does not differentiate between modality (the how of teaching) and curriculum (the what of teaching).4 For example, both “independent study” and “standard curriculum” are more appropriately understood as forms of curriculum rather than modalities of learning.
Concern 2: Updating Definitions Through Existing Regulations Jeopardizes Important Guardrails for Program Quality and Integrity
Beyond simply ensuring that definitions are accurate, VA’s proposed regulatory changes would significantly expand the scope of programs under State Approving Agencies’ (SAA) jurisdiction for review and course approval. As the VA notes in its supplemental notice of proposed rulemaking, “considering distance learning as a subset of independent study has effectively barred SAA approval of non-college degree (NCD) programs, which are not accredited, conducted via distance learning.”5 If the VA moves forward, SAAs would be newly responsible for evaluating these programs and assuring their quality.
The National Association of State Approving Agencies (NASAA) has voiced concerns about expanding GI Bill access to unaccredited, online NCD programs. As the national representative for SAAs, NASAA has said that the majority of members remain “deeply concerned” about oversight of online learning at unaccredited NCD programs due to their responsibility to safeguard and uphold the integrity of the GI Bill.
We appreciate that as a part of its proposed rule, VA is seeking feedback on how to “preserve program quality and integrity” and protect “VA educational beneficiaries from fraudulent and predatory schools.”6 The higher education community supports effective consumer protections for veterans and other military learners and agrees on the need to safeguard the integrity of the GI Bill program. However, expanding GI Bill access to unaccredited, online NCD programs represents a significant policy change that merits further discussion and consideration to ensure responsible use of taxpayer dollars, well beyond this public comment period.
Recommendation: VA Should Work with Congress and the Higher Education Community to Modernize Definitions While Preserving Program Guardrails
Given the scope and significance of VA’s proposed changes—and the real harm that could result without appropriate guardrails for GI Bill program quality and integrity—we recommend that VA withdraw its proposed rule and instead work with Congress to make necessary changes. Further, we recommend that VA and Congressional leaders work with both ED and the higher education community—and in particular organizations with expertise in distance education—to ensure definitions appropriately capture the current state of the field.
Sincerely,
Ted Mitchell President
On behalf of:
Achieving the Dream
ACPA-College Student Educators International
American Association of Colleges and Universities
American Association of Colleges for Teacher Education
American Association of Collegiate Registrars and Admissions Officers
American Association of Community Colleges
American Association of State Colleges and Universities
American Association of Veterinary Medical Colleges
American Council of Learned Societies
American Council on Education
Association of American Law Schools
Association of American Universities
Association of Community College Trustees
Association of Governing Boards of Universities and Colleges
Association of Jesuit Colleges and Universities
Association of Public and Land-grant Universities
Career Education Colleges and Universities
Council for Christian Colleges & Universities
Council of Graduate Schools
EDUCAUSE
National Association for College Admission Counseling
National Association of College and University Business Officers
National Association of Diversity Officers in Higher Education
National Association of Independent Colleges and Universities
UPCEA
1 Comment from Russ Poulin on VA-2021-VBA-0024-0007, October 8, 2025, https://www.regulations.gov/comment/VA-2021-VBA-0024-0011.
2 Comment from Russ Poulin on VA-2021-VBA-0024-0007, October 8, 2025, https://www.regulations.gov/comment/VA-2021-VBA-0024-0011.
3 Program Integrity and Institutional Quality: Distance Education and Return of Title IV, HEA Funds, U.S. Department of Education, January 3, 2025. https://www.federalregister.gov/documents/2025/01/03/2024-31031/program-integrity-and-institutional-quality-distance-education-and-return-of-title-iv-hea-funds.
4 Comment from Russ Poulin on VA-2021-VBA-0024-0007, October 8, 2025, https://www.regulations.gov/comment/VA-2021-VBA-0024-0011.
5 State Approving Agency Jurisdiction Rule, U.S. Department of Veterans Affairs, September 3, 2025, https://www.federalregister.gov/documents/2025/09/03/2025-16836/state-approving-agency-jurisdiction-rule.
6 State Approving Agency Jurisdiction Rule, U.S. Department of Veterans Affairs, September 3, 2025, https://www.federalregister.gov/documents/2025/09/03/2025-16836/state-approving-agency-jurisdiction-rule.