Education Service Waiver
When a program meets or exceeds 85 percent supported students, the school may apply for a waiver of the 85/15 rule for that program. This waiver is granted by the Director, Education Service.
Criteria for Granting the Education Service Waiver
When applying for the education service waiver, the school must submit enough information to allow the Director, Education Service, to judge the merits of its request against the criteria below.
- Availability of similar programs in the vicinity of the school requesting the waiver.
- Similarity to schools that the Department of Education considers to be eligible to apply for a grant under the Strengthening Institutions Program or the Special Needs Program. Note: The school should submit enough information to allow the Director, Education Service, to judge whether the school is similar. The school does not have to meet the requirement that it is a "public or nonprofit" school.
- Previous compliance history of the school, e.g., compliance survey findings, false or deceptive advertising, complaints, timeliness and accuracy of enrollment certifications, and school liability indebtedness to VA.
- General effectiveness of the program in providing educational and employment opportunities to the particular veteran population they serve. Factors to be considered include the percentage of veteran students completing the entire program, ratio of educational and general expenditures to full-time equivalency enrollment, percentage of students securing employment in the field of study, etc.
How to Apply for the Education Service Waiver
Schools desiring a waiver of the provisions of the 85/15 rule for a program where the number of full-time equivalent supported students equals or exceeds 85 percent of the total full-time equivalent enrollment in the program may apply for a waiver to the Director, Education Service, by emailing the request to the office of Program Coordination at EDUSERVEXECREVIEW.VBACO@va.gov.
When the Education Service Waiver is Granted
When the school has been awarded the education service waiver, then they are exempt from having to monitor or report 85/15 calculations for the period defined in the waiver, for the identified program(s) listed in the waiver. VA will request 85/15 calculations as normal:
- For any programs approved not included in the waiver; and
- When a student has an enrollment period start date that begins outside of the period defined in the waiver.
VA will not request 85/15 calculations for identified program(s) if the enrollment period began during the period defined in the waiver.