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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.
A waiver should not be requested as a preventative measure simply because the school believes at a future time they will meet or exceed 85% supported students. The school should have a program that is suspended due to violation of the 85/15 rule or operating historically between 80-84% supported students.
Who does not need to apply for this waiver?
Accredited schools with a 35% exemption do not need to apply, as their programs are already exempt from the 85/15 rule. See: 35 Percent Exemption
Schools operating a program at fewer than 10 supported students do not need to request a waiver.
Criteria for Granting the Education Service Waiver
When applying for the waiver, the school must submit enough information to allow the Director, Education Service, to judge the merits of its request against the criteria in 38 CFR 21.4201(h). Select each criterion below for details on what to submit.
Schools should provide information on schools within a 50-mile radius that have a comparable program. The comparable program would also be approved for VA education benefit purposes.
If the program is offered by independent study, please state such and advise if there are comparable programs nationwide.
Schools may indicate they are unaware of comparable programs in their vicinity if that is the case.
Schools are strongly encouraged to provide as much supporting documentation as possible. VA recommends the following, if available:
Graduation statistics by term or cohort for each program for at least one year (two years preferred).
Employment percentages in the field of study by term or cohort for at least one year (two years preferred). Schools should not remove Veteran Readiness & Employment (VR&E / chapter 31) students from these percentages. If any students are excluded, advise why. Provide information on how employment percentages were obtained — if from a student survey, include survey questions, response rate, and relevant dates.
Information relevant to the school's placement program.
Information relevant to partnerships with employers and the success of those partnerships.
Detailed information for each student who graduated and received employment in the field of study, including employer and salary information.
Information on recruitment of non-supported students.
Information relevant to why the school does not have 15% self-pay students in each term or cohort.
VA views this criterion and the data requested as very important. VA seeks to determine whether the general public is willing to pay the associated tuition and fee costs for the program being requested.
Schools must provide data for at least one full year back from the date of the waiver request (two years preferred). This data must give information on the total number of enrollees by term or cohort, including a breakdown of:
Number of VA beneficiaries, both GI Bill® and VR&E
Number of students receiving institutional aid
Number of students receiving third-party scholarships
Number of self-pay students
These figures should equal the total number of students enrolled.
The Director, Education Service, may on a case-by-case basis consider other factors not listed here that provide an indication of the program's general effectiveness.
When the Education Service Waiver is Granted
When a school has been awarded the education service waiver, it is exempt from reporting 85/15 calculations for the identified program(s) listed in the waiver for the period defined in the waiver. However, the school must continue to maintain records of supported and non-supported students 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 on a routine basis 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 particular program(s) may apply by emailing the request along with all supporting documentation to the Office of Program Coordination at EDUSERVEXECREVIEW.VBACO@va.gov.
