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Education and Training

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.
  • General effectiveness of the program in providing educational and employment opportunities to the veteran population they serve. Factors to be considered include the percentage of veteran students completing the entire program, graduate employment statistics, satisfaction of Department of Education (ED) rules regarding gainful employment, student loan default rate, student complaints, industry endorsements, participation in Principles of Excellence (POE), etc.
  • Whether the educational institution's aid program appears to be consistent with or appears to undermine the 85/15 rule's tuition and fee costs market validation mechanism.

Director, Education Service, may on a case-by-case basis consider other factors not listed but which provide an indication of the program's general effectiveness.

When the Education Service Waiver is Granted

When the school has been awarded the education service waiver, then it is exempt from having to monitor or report 85/15 calculations for the identified program(s) listed in the waiver, for the period defined 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.

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.


85/15 Webpages
85/15 FAQs Full-Time Equivalency Suspension and Review
The 85/15 Rule Supported and Non-Supported Students Reporting Requirements
35 Percent Exemption DoD Exemption Education Service Waiver
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