Education and Training.

Effective July 1, 2015, section 702 of P. L. 113-146, requires disapproval of programs of education for Post 9/11 and Montgomery GI Bill students at public institutions of higher learning (IHL) if the school charges “covered” Veterans, spouses, and dependents tuition and fees in excess of the rate for resident students for terms that begin after July 1, 2015. Several subsequent laws amended the Choice Act and added additional “covered” students.

Effective terms starting on or after August 1, 2022, a “covered individual” under the Choice Act is a student enrolled in a public IHL who lives in the state where the IHL is located by the first day of class (regardless of formal state of residence) and includes:

• A Veteran using Montgomery GI Bill (chapter 30) or Post 9-11 GI Bill (chapter 33) who served on a period of active duty of at least 90 days.
• A spouse or child of a Veteran or active-duty service member using transferred benefits (TOE).
• A spouse or child using benefits under the Fry Scholarship.
• A spouse or child using Survivors’ and Dependents’ Educational Assistance Program (DEA/Chapter 35).
• A Veteran using VR&E (chapter 31).

State or institution policy may require a student to provide proof of eligibility for VA educational benefits and demonstrate an intent to establish residency to qualify as long as they do not require physical presence for any specific period of time. For example, the law allows the state or institution to require a letter of intent to become a resident and/or supporting documentation of proof that they live in the state where the IHL is located (38 U.S.C. §3679(c)(1).

Note 1: The law allows certain covered students the ability to request a waiver to opt out of the requirement to be charged the in-state rate. In some instances, the out-of-state rate can be beneficial because it may qualify the student for advantageous financial aid. The student can make a request in writing to their school indicating why they wish to be charged the out-of-state rate, including why it benefits them.

The school should send a request for a waiver to VA based on the student’s letter. The request can be sent via email to [email protected]. If VA grants the waiver, the student’s letter and the approved waiver should be retained in the student’s file. The waiver would be in effect until the student completes their program of study at the school or sooner if terminated by the student. If VA compliance staff or the SAA question why this covered individual was charged the out-of-state rate, the letter and waiver will serve as justification. Post 9/11 GI Bill students eligible for Yellow Ribbon at participating Yellow Ribbon schools are not eligible to opt out of the requirement to be charged tuition at the in-state rate.

Note 2: The requirement to charge the in-state resident rate found in 38 U.S.C 3679(c) only pertains to those States for which the school offers the resident rate.

For example: The University of Maryland Global Campus (UMGC) only offers the resident rate for residents of Maryland, including Maryland residents attending a UMGC campus outside of Maryland. A student who is not a resident of Maryland enrolled at a location outside of Maryland, such as the UMGC branch at Camp Lejeune in North Carolina, is not offered the resident rate.

Therefore, the State Approving Agency (SAA) must disapprove programs if the school does not charge the resident rate to Maryland residents enrolled at a campus in Maryland or North Carolina. However, the SAA would not disapprove programs when a resident of North Carolina attending UMGC in North Carolina is not charged the Maryland resident rate.

Students who initially meet the requirements will maintain covered individual status as long as they remain continuously enrolled at the institution of higher learning, even if they enroll in multiple programs. Continuity of enrollment is not broken by regularly scheduled breaks between courses, semesters, or terms. Individuals do not have to enroll in summer sessions or terms to maintain continuous enrollment.