Education and Training

Question 1:

Can you explain why students who have a balance as of the reporting date are considered supported? If they are prevented from attending any future terms due to the balance, (and I assume in most cases being charged late fees) how is the institution supporting them?

Answer:

The person signing the 85/15 calculation reporting sheet is certifying the accuracy of the calculations as of the date of calculation. If the person has not paid in full and is not participating in an institutionally funded payment plan that meets stated requirements, the person certifying the report cannot determine the student’s tuition, fees, and other charges will EVER be paid in full and not charged off (waiver or remission of indebtedness).

Question 2:

If a student no longer is using VA benefits, but still enrolled, are they still counted as supported?

Answer:

If the student is not using VA benefits at the start of the enrollment period and are not in receipt of any other type of aid that would create a “supported” situation, they are not supported.

Question 3:

Just to confirm, Title IV funds are not considered school support, right?

Answer:

Title IV funds are not institutional funds, so no.

Question 4:

Department fee merit awards. Would that be included as a supported student?

Answer:

Students receiving any amount of institutional aid are counted as supported effective for enrollment periods beginning on and after January 16, 2025.

Question 5:

You mentioned waivers and defined them differently: supported a waiver from the school is different than a fee waiver for tuition provided from the state - non supported, is that correct? Because in financial aid calculation state waivers are not counted as “third party” so the definition of terms seems completely different than standard financial aid terms which makes this confusing.

Answer:

Municipal, state, and Federal grants are not counted as supported for purposes of 85/15.

Question 6:

Would a tuition waiver provided by our community college district make a student supported?

Answer:

Institutional aid can be a waiver, forgiveness, scholarship, grant, loan, etc. For questions specific to your school, contact your ELR via their mailbox or via Ask VA (AVA).

Question 7:

If a Veteran is receiving a waiver of out-of-state fees only, are they considered supported or non-supported?

Answer:

VA beneficiaries are counted as supported always. If the student is not a VA beneficiary, and the school is required to reduce fees or tuition under municipal, state, or Federal law, the student may be counted as non-supported if there are no other factors that require the student to be counted as supported.

Question 8:

If a veteran benefits run out during enrollment, and they get a loan to pay the rest...Will they be considered supported or non-supported?

Answer:

If the student is supported at any point during a given enrollment period, the student is supported.

Question 9:

We have a foundation department which will receive the money from donors and create scholarships opportunities to provide to the students, these students will be considered as supported?

Answer:

If the aid comes from the institution or VA, the student is supported.

Question 10:

As an IHL, almost all of our students receive some form of an institutional aid whether it is Campus Employment or a scholarship - would we need to apply for the waiver for all of our programs?

Answer:

If your school is accredited and has a 35 percent exemption, supported and non-supported is not relevant because your programs are exempt from 85/15. Please visit our website to learn more about the 85/15 rule and the 35 percent exemption.

Question 11:

Many private schools offer institutional scholarships to discount tuition. Should private schools be rethinking their approach since that would make their students all supported with the new rules?

Answer:

If your school is accredited and has a 35 percent exemption, supported and non-supported is not relevant because your programs are exempt from 85/15. Please visit our website to learn more about the 85/15 rule and the 35 percent exemption.

Question 12:

If a student receives an institutional scholarship for one semester, is the student considered supported only for that semester or for their entire enrollment?

Answer:

Is the scholarship meant to pay out over multiple semesters? If yes, then the student is supported for the period over which the scholarship is distributed. If it’s a one and done, just that semester.

Question 13:

Title IV and myCAA / DOD assistance is exempt from the supported student calculation. Are state scholarships / grants also exempt or do those students need to be calculated as supported?

Answer:

Municipal, State, and Federal grants are not institutional aid. Only students in receipt of aid from the school or from VA are counted as supported for the purposes of 85/15 starting with enrollments beginning on and after January 16, 2025.

Question 14:

With the change, would students receive a discount for having a military affiliation count as a supported student now?

Answer:

If the discount is not mandated by municipal, state, or Federal law, the students receiving that aid would be counted as supported.

Question 15:

We offer free tuition to a population of our students, they will all be considered supported.

Answer:

Unless the reason the tuition is free is because of a municipal, state, or Federal law, yes, they are supported.

Question 16:

mIf a student gets an institutional scholarship, they are considered to be "supported"?

Answer:

Yes. Effective with enrollment periods starting on and after January 16, 2025, those students will always be counted as supported for the purposes of 85/15.

Question 17:

For student who received VA benefits AND Institutional aid, would they be considered supported or non-supported.

Answer:

Any student receiving any amount of VA benefits is counted as supported.

Question 18:

We're an IHL - private university - 100% of our full-time undergrad students receive a merit scholarship - that would mean all of our programs would not qualify now based on this 100%?

Answer:

As an IHL, I imagine your school is accredited If yes, and your school maintains a 35 percent exemption, this is not going to affect your school whatsoever. If your school is non-accredited, yes, this change will be a challenge, if it’s your policy to award institutional aid to all your students.

Question 19:

My university offers a "guarantee" scholarship to nearly all of our students, do those students count as "supported" students?

Answer:

Yes, beginning with enrollment periods beginning on and after January 16, 2025, any student receiving any amount of institutional aid is counted as supported.

Question 20:

If we discount cost/credit for active duty undergraduate to $250/credit does that make all TA utilizing students supported?

Answer:

Yes, starting with enrollment periods beginning on and after January 16, 2025, any student receiving any amount of institutional aid is counted as supported.

Question 21:

Can you please explain the new definition for supported students and the change to institutional aid?

Answer:

For enrollment periods beginning on and after January 16, 2025, any student receiving institutional aid or aid from VA under Title 10 or Title 38 (GI Bill) is a supported student for purposes of the 85/15 rule. Students who have not paid in full tuition, feed, and other mandatory charges to the school by the 85/15 reporting date are also supported unless they are participating in an institutionally funded payment plan that meets all the requirements outlined here.

Question 22:

Do state-mandated waivers count as part of institutional funding? For example, in FL we have a state mandated waiver to waive 50% tuition and fees for programs of strategic emphasis for certain students.

Answer:

Municipal, state, and Federal grants and waivers do not count as “supported” funds for the purposes of the 85/15 rule.

Question 23:

I need more clarity on the new rule for supported students after 1/16/2025.

Answer:

For enrollment periods beginning on and after January 16, 2025, any student who gets any amount of support from the GI Bill or from the school is counted as supported.

Question 24:

We had a program with only nine supported students and our program got suspended. It seems like that should have been okay? Who do I follow-up with about this?

Answer:

Contact your ELR via their mailbox or via Ask VA.

Question 25:

Do students receiving VA HPSP scholarships count as supported?

Answer:

Only VA benefits under Title 10 and Title 38 constitute support for 85/15 purposes. VA’s Health Professional Scholarship Program (HPSP) is not considered “supported” for purposes of 85/15.

Question 26:

If a student was awarded a tuition waiver but still owes fees, is he considered supported or non-supported?

Answer:

The student might be a supported depending on the source of the tuition waiver alone, unless the waiver is mandated under municipal, state, or Federal law.. However, presuming the tuition waiver is not considered restricted aid, if the student hasn’t paid in full all tuition, fees, and mandatory charges by the 85/15 reporting date, and is NOT on an institutionally funded payment plan that meets stated requirements, the student is supported for purposes of 85/15.

Question 27:

I don't understand how Ch. 31 and 35 are supported but can still enroll after 85%. Wouldn't this make it so that your program would be suspended?

Answer:

Students receiving benefits under Chapters 31 and 35 are ALWAYS supported, and benefit payments to those students are not restricted under 85/15 because of the provisions of those programs.

Question 28:

Supported and non-supported students under this new rule is so confusing now.

Answer:

This change removes the exceptions that made the definition so confusing, and the updated definition matches the original definition codified in 38 USC §3680A. Disapproval of enrollment in certain courses. Students receiving aid from VA or from the school are supported.

Question 29:

If the student is awarded full of aid from Title IV, but he wants GI Bill to cover his Tuition & Fees?

Answer:

If the student uses any amount of VA educational aid, regardless of other available funding, the student is counted as supported.

Question 30:

Just to confirm, "restricted aid" is any aid that is NOT available to a VA beneficiary specifically because they are receiving VA ed. benefits?

Answer:

Generally, that is an accurate definition; however, please visit our website to review more information on – to include examples of – restricted aid.

Question 31:

Could you explain institutional loan as it pertains to supported student.

Answer:

Students in receipt of an institutional loan – if the loan is not equally available in policy and practice – to a VA beneficiary will constitute restricted aid. Thus, any student receiving that loan is supported for the purposes of 85/15. The converse is also true: if the loan is available to ALL students, regardless of their status as a VA beneficiary, that aid would not constitute support. This is only for enrollment periods beginning prior to January 16, 2025. For enrollment periods beginning on and after January 16, 2025, the institutional loan constitutes institutional support, provided it’s not an institutionally funded payment plan that meets requirements set forth here: https://www.federalregister.gov/documents/2022/02/04/2022-02305/clarification-concerning-tuition-and-fees-payment-plans-for-standard-terms-and-8515-calculations.

Question 32:

With the new rules for 85/15 exemption supported students are VA beneficiaries receiving institutional aid OR any student receiving institutional aid?

Answer:

A student’s supported and non-supported status isn’t relevant to the 35 percent exemption – only to the 85/15 calculation. Please visit our webpage on the 35 percent exemption for more information on 35 percent exemption vs. 85/15 calculations.

Question 33:

We have students using Title IV funding and package them each Academic Year (2 semesters) The student is funded for the academic year but the semester costs vary. Should we consider them supported if they carry a balance into semester 2 but the scheduled Title IV funding in semester 2 will satisfy their carry-over balance from semester 1?

Answer:

The program is accredited, is your school accredited? Does it maintain a 35 percent exemption? If yes to both, then this is a hypothetical question. If no to either – or both – then the student is counted as supported if they carry a balance on or after the 85/15 reporting date and they are not on an institutionally funded payment plan that meets requirements.

Question 34:

For supported students, you highlighted institutionally funded loans or scholarships. What about institutionally funded grants?

Answer:

Any institutional aid is counted as support for purposes of 85/15 starting with enrollment periods beginning on and after January 16, 2025.

Question 35:

Our institution offers an intuitional scholarship to all students. Moving forward that would make almost all of our students over the 85/15 rule, does that mean that we will no longer be able to accept to VA students? I plan on watching the replay of this to read/listen as well to better understand.

Answer:

What that means is that all students receiving that institutionally funded scholarship are supported for the purposes of calculating 85/15. If your school is approved by the SAA as accredited and the school possesses a 35 percent exemption, this won’t affect your students at all.

Question 36:

Can we get more clarification on supported students? Any student with an institutional scholarship has to be counted even if someone with benefits is entitled to the same scholarship?

Answer:

Yes. Any student in receipt of institutional aid is counted as a supported student effective for enrollment periods beginning on and after January 16, 2025

Question 37:

When you have fewer than 10 Supported students enrolled, you record “-“ marks on the 85/15 report for the program. During a Risk Based Survey audit, the auditors want the real data for all programs regardless of the less than 10 supported student enrollment. Yes, we are under the 35% Exemption. What should we do?

Answer:

If this happens, we ask that you contact VA. It’s likely that this is a training issue. You can point out the information on our website supporting this guidance. If that doesn’t help, contact VA directly so that we can provide training to the surveyor.

Question 38:

Currently we have very few VA students, but we have an in-house payment plan with payments spread over 14 months. This could possibly put us over 90% newly 'supported' students. How will the 35 percent exemption help?

Answer:

If your school is accredited and possesses a 35 percent exemption, your programs are exempt from 85/15. So, the number of students – supported or non-supported – is irrelevant to an accredited school with the 35 percent exemption.

Question 39:

Chapter 35 dependents paying funds to the NCD for training are still considered supported, right?

Answer:

Yes, students using benefits under chapters 31 and 35 are always counted as supported for purposes of 85/15.

Question 40:

If all of our students receive institutional aid--does that mean all of our students will be considered "supported" after 1/16/2025?

Answer:

Yes, it does.

Question 41:

For supported students: is it any amount of institutional aid?

Answer:

Yes, effective for enrollment periods beginning on and after January 16, 2025.

Question 42:

If a student uses VA benefits for the first term, but then uses different funds from a 3rd party in subsequent terms, can they be considered non-supported when not using VA benefits?

Answer:

Yes, if none of the aid the student receives is classified as “supported,” then the student is non-supported. Please visit our website for more information on the definition of supported and non-supported students.

Question 43:

To clarify, when speaking of supported students after Jan 2025, that is still only students that are receiving VA benefits correct?

Answer:

No, the definition of a supported student was never only students receiving VA benefits. Please visit our website for the current definition of a supported student and for the definition of restricted aid. You may be confusing 85/15 calculations with calculations performed for the 35 percent exemption. Supported and non-supported isn’t relevant to the 35 percent exemption.

Question 44:

If our school has an approved 35% exemption and one of our programs exceed 85% enrollment of supported students, should the program be reported?

Answer:

Only schools approved by SAA as non-accredited and schools without the 35 percent exemption need to monitor 85/15. For those schools, when a program exceeds 85 percent supported students, yes, those schools must report that program to VA. Please visit our webpage on reporting requirements for more information.

Question 45:

Must student be ON an approved payment plan, or must the approved payment plan be AVAILABLE to the student?

Answer:

To be counted as non-supported, if the student has a balance due on the 85/15 report date, the student must be ON the approved payment plan. The payment plan must be AVAILABLE to any student who wishes to participate.

Question 46:

Under the 2025 regulations, to be defined as a supported student based on institutional aid, such as a scholarship, does that scholarship have to be restricted to tuition and fees to be considered support? Our institutional scholarships are not restricted, they can be used for housing and meal plans as well as tuition and fees.

Answer:

All students receiving any amount of institutional aid are counted as supported effective with enrollment periods beginning on and after January 16, 2025.

Question 47:

Do MyCAA students count in the total supported student count for 85/15?

Answer:

MyCAA is not a VA benefit, nor is it institutional aid. It does not constitute support for the purposes of the 85/15 rule.

Question 48:

Just verifying, in the original language of the regulations, there was a reference to an exception for supported in regard to matching grants for funding (i.e., the school offers a grant to match WIOA funding). Is that no longer the case based on this presentation, or is that still in discussion?

Answer:

The WIOA program does not stipulate the school must match funds, so any matching funds from the institution is strictly voluntary and constitutes institutional aid/support for the purposes of 85/15.

Question 49:

I am at a large non-profit IHL with close to 1000 beneficiaries. We meet FULL DEMONSTRATED NEED with "unrestricted" institutional funds. When our current 35% waiver expires and I calculate 85/15 using the new rules, almost every undergraduate program will be in violation due to the generosity of our financial aid offerings, will the 35% waiver be denied for having programs that are exceeding the 85% threshold?

Answer:

As a large, non-profit IHL, I assume yours is an accredited institution in which case you won’t need to recalculate 85/15 – simply submit the 35 percent exemption request not later than 30 days after the start of the enrollment period in which you wish the exemption to take effect. Please visit our webpage for information on 35 percent exemption vs. 85/15 calculations.

Question 50:

For a Title IV students (with proof of full tuition coverage) who is receiving a reduction in tuition rate because of partnership or program specific, would I need to consider that student as supported after Rule 56 goes into effect next year? Currently, I consider any reduction in tuition through institutional guidelines tuition specific scholarship.

Answer:

If that reduction in tuition is school funded, yes.

Question 51:

If a student gets an institutional scholarship, they are considered to be "Supported" the same as Ch. 30, Ch.31, Ch.33, Ch.35, 1606? A student receiving only federal aid would be "non-supported" correct?

Answer:

Yes, if the student isn't receiving any type of aid requiring that they be counted as supported, they are non-supported for purposes of calculating 85/15.

Question 52:

Students receiving FAFSA supports (Pell, Student loans, Work Study) are considered non-supported?

Answer:

If that’s the only aid they receive, yes, they are considered non-supported.

Question 1:

In order to request a program be granted the Education Service Waiver, what kind of evidence is needed to support: 1) employment results, 2) local similar programs, etc.? There is no VA Form 22-10201 form for regular program enrollments, is there?

Answer:

There isn’t a form, no. You should review the current criteria on our website and submit your request with as much substantiation as possible, and as you finalize your waiver request with VA, there may be some back and forth. Beginning in January 2025, the information required is focused more on measurable results.

Question 2:

Does a school have to calculate the 85/15 ratios for every semester if you get an Education Service Waiver?

Answer:

If a program at your school receives an education service waiver, the school does not need to comply with 85/15 limitations for only the program(s) explicitly listed in the waiver letter for the period specified. Any other approved programs offered at the school are subject to the 85/15 Rule and the school is required to calculate and report 85/15 enrollment ratios in accordance with normal reporting requirements.

Question 3:

What if I have a pending Education Service Waiver request when the new rules take effect in January 2025?

Answer:

The new, streamlined criteria will be evaluated for any waivers in progress on and after January 16, 2025

Question 1:

We are an NCD school running on non-standard term basis and I’m a bit confused with the changes to the dates on when we should report 85/15 (after Jan 16, 2025). Will there be more training in the future for NCD schools covering this requirement? If not, can you please elaborate on when we should report.

Answer:

For schools with programs not otherwise exempt from 85/15, you will generate and/or the 85/15 report to VA within 30 days of the beginning of each term – standard and non-standard. The change basically requires all types of programs to report within 30 days of the beginning of the enrollment period – regardless of length of enrollment period. What this means to schools with programs not otherwise exempt from reporting is that they will SUBMIT the reports more frequently, if required.

Question 2:

In the past when filing a 35 percent exception, Public IHLs had to submit with it an 85/15 report. Is that the case this time?

Answer:

No. Accredited schools and vocational flight schools only submit the request for the 35 percent exemption. Please visit our webpage on the 35 percent exemption for more information on the requirements and timeline for applying for the 35 percent exemption.

Question 3:

Is the new VA Form 22-10215 going to be more user friendly/less manual entry?

Answer:

We do hope you find it to be more user friendly. Know that we are trying, with every iteration, to make the form more user friendly and the reporting process more streamlined.

Question 4:

My accredited institution has had an approved 35% exemption since July 2022. During my recent supervisory visit (March 2024), I was told I needed to provide current 85/15 calculations for my Spring 2024 semester. When I asked for more guidance from the SAA, I was told her interpretation of the law was that all schools, whether accredited or not, had to provide 85/15 calculations upon request. When will SAAs be informed that Accredited Institutions with active 35% exemptions do not need to calculate/provide 85/15 calculations?

Answer:

Your school should have been covered under the exemption for that period. We’ll take this back to ensure that, if training is necessary, we make that opportunity available to SAA.

Question 5:

My school has a program that starts each month. Is the 85/15 done each month?

Answer:

Yes, unless your programs are otherwise exempt from 85/15, you will calculate 85/15 every time the program starts.

Question 6:

Under the 35 percent exemption, do we need to continue to have the 85/15 calculations on hand in the event we are asked for them?

Answer:

If your school is accredited, programs offered at accredited schools with the 35 percent exemption are exempt from all provisions of the 85/15 rule for enrollment periods beginning on and after August 26, 2022.

Question 7:

How are branch and extension campuses taken into account when it comes to reporting 85/15?

Answer:

Branch campuses are independently approved from that of the main campus; as such, those campus have their own approved programs and will report their own 85/15 calculations separate of the main campus. Branch campuses are NOT approved independent of the parent campus – which may be a main or a branch campus – and those calculations are reported with the parent campuses calculations.

Question 8:

Please confirm that if you are accredited with a waiver, you will not be asked for any reason, to produce 85/15 reports for the period covered by your exemption.

Answer:

You may be asked for reports for any enrollment periods that began before August 26, 2022 or before the effective date of your 35 percent exemption, whichever date is later. Otherwise, approved programs offered at accredited schools with the 35 percent exemption are exempt from 85/15.

Question 9:

Are the 85/15 calculations supposed to be calculated as of the first day of the enrollment period?

Answer:

It’s helpful to think of 85/15 as a door or a gate. So long as the enrollment of supported students doesn’t exceed 85%, you can continue to certify students using GI Bill^® benefits. You need to be aware of your supported to non-supported student ratio as you’re enrolling students because you’ll need to notify your VA students if they cannot receive benefits for the program in which they’re enrolling. With that, VA doesn’t require that your date of calculation correspond with the first day of the enrollment period. Changes in enrollment that occur on or after the first day of the enrollment period do not require a school to recalculate 85/15; however, if a student registers and never attends, you will need to recalculate 85/15.

Question 10:

The VA required us to report 85% for programs and subprograms. If subprograms exceed 85%, but the program does not, do we need to submit a new report to the VA that the subprogram exceeds the 85% criteria?

Answer:

Yes, if your school is non-accredited or does not possess a 35 percent exemption.

Question 11:

Do we need to keep the calculations on hand for enrollment periods that we have the 35 % exemption for?

Answer:

Only if your school is non-accredited or, if the school is accredited, for any enrollment periods in the last three calendar years that began prior to August 26, 2022 or the effective date of your 35 percent exemption, whichever date is later.

Question 12:

We have an associate degree program, and we have NCD programs. We will be reporting both differently?

Answer:

Depending upon how the programs are organized, you may be. If both types of programs are organized on a semester, term, or quarter basis, and those enrollment periods align, you will report them the same way. If one or the other is organized on a non-standard basis, you will report those on a different schedule. Visit our webpage on reporting requirements for more information.

Question 13:

We have 20+ classes begin per year, each six students or less, but they overlap so that we could have up to 12 students enrolled. Do we have to report 20 times in a year, or could this be done annually or quarterly?

Answer:

Beginning with enrollment periods starting on and after January 16, 2025, you’ll submit reports not later than 30 days after the start of each enrollment period, unless you have the 35 percent exemption from reporting. Please visit our webpage on the 35 percent exemption for more information.

Question 14:

If we are an accredited IHL and have the 35% exemption, we do not have to calculate or store 85/15 calculations each semester, correct?

Answer:

Yes, that's correct. Only non-accredited schools and schools without a 35 percent exemption must monitor 85/15 for their approved programs.

Question 15:

Do accredited IHL’s that have a 35% exemption still need to keep/calculate the 85/15 reports (for files) for possible coming Compliance surveys?

Answer:

Accredited schools with the 35 percent exemption do not need to create reports for programs covered by the 35 percent exemption for enrollment periods beginning on or after August 26, 2022. If selected for compliance, you will need to submit reports for any periods covered in the survey that begin before August 26, 2022, or before the 35 percent exemption effective date, whichever date is later.

Question 15:

If we have the 35% exemption, do we still have to keep records for 85/15 for each semester?

Answer:

For any enrollments beginning prior to August 26, 2022, and any periods not covered by the 35 percent exemption. If your school is approved as non-accredited or you do not have a 35 percent exemption, you need to retain all reports.

Question 16:

Our school is a nonaccredited NCD. As of today, we do not have any VA students. Do I still have to fill out an exemption form.

Answer:

Yes, I recommend you do so with the next enrollment period and submit it to VA via the Education File Upload Portal.

Question 17:

Are we able to submit an Excel with calculations along with our form for ease?

Answer:

No. That was a one-time provision for accredited IHLs for only the Spring 2022 terms. You must use the OMB approved forms for data collection. You can find those forms here.

Question 18:

Do we need to apply for a 35% exemption if one of our separate California campuses will not have any VA or supported students starting Fall 2025?

Answer:

We recommend you apply for the 35 percent exemption when you’re eligible for one. With or without VA students, you still need to comply with the law. Apply for the exemption.

Question 19:

Do we still run an 85/15 report for compliance checks every term even with 35% exemption?

Answer:

If your school is non-accredited, yes. If it’s accredited, no.

Question 20:

Our college has two different VA reports one for the main campus and one for the military base extended campus. Should there be two different accounts. The military base campus has a big issue because nearly every student is a supported student (military, dependents, and veterans).

Answer:

If the military base extended campus has an “X” as the third digit, all calculations must be combined. If the military base is not an extension campus but is instead a branch campus (no “X”), then the calculations are separate. Visit our webpage on reporting requirements for more information. If the SAA approved your school as accredited and the school maintains a 35 percent exemption, your programs are exempt from 85/15, so the calculations don’t need to be performed. See our webpage on the 35 percent exemption for more information on this topic.

Question 21:

Our school is a nonaccredited NCD. We won't have any veteran students soon due to VET TEC ending. Do we stop reporting 85/15 when we don't have any VET TEC students?

Answer:

Not necessarily. If your school is SAA-approved, you will need to monitor, and if you don’t have a 35 percent exemption (read: apply for a 35 percent exemption), submit reports to VA. Please refer to our webpage on 85/15 reporting requirements.

Question 22:

If we have MBA nonstandard courses are those reported separately as if they are their own term?

Answer:

For school specific questions, you should contact your ELR via their mailbox or via Ask VA (AVA) so they can determine an answer based on information specific to your school. Generally, though, if the start date in the school’s approved calendar is separate from that of the regular term/semester/quarter, you would report those enrollment periods separately, yes.

Question 23:

If our institution has no attendance policy, how do we track students who "ghost" if the student receives an F/non-punitive?

Answer:

I'm referring to the difference between a student who registers and drops from the program on or after the first day of class and a student who registers and NEVER attends. You’re not tracking the student’s attendance beyond whether they show up the first day of class.

Question 24:

Need confirmation of understanding: We have non-standard enrollments. 85/15 will be recalculated with every start and will include ALL active students not just the enrollments for the new start. Is this correct?

Answer:

Yes, and you need to include all students enrolled in the program. This is not a change.

Question 25:

If we are standard term school offered in modules in which each semester contains three- to five-week modules, when do we report?

Answer:

If your school is non-accredited or does not possess a 35 percent exemption, you will create reports every start date. This is not a change. See our webpage on reporting requirements for more information.

Question 26:

If we have the 35% exemption, we do not have to still monitor our 85/15 for our own records?

Answer:

Only non-accredited schools and schools without a 35 percent exemption are required to monitor enrollment ratios and maintain compliance with 85/15.

Question 27:

Accredited school with the 35% exemption. My understanding is that we are still required to monitor the 85/15 ratio each enrollment period (semesters) and report it if we have any programs that exceed the requirement. Is that correct?

Answer:

No, in addition to the exemption to routinely report, programs at accredited educational institutions and vocational flight schools approved under 38 CFR 3672 with the 35 percent exemption are exempt from the 85/15 rule for enrollment periods beginning on or after August 26, 2022, or the date of their 35 percent exemption, whichever date is later.

Question 28:

If I have an approved 35% exemption, do I need to run the 85/15 reports?

Answer:

Only non-accredited schools with the 35 percent exemption (and any schools without the 35 percent exemption) are required to monitor enrollment ratios and maintain compliance with 85/15. Reports may be requested at any time and will be reviewed on compliance. All 85/15 calculations must be retained and provided when requested by VA, State Approving Agency (SAA), and authorized Government representatives.

Question 29:

What would be the schedule to report for clock hour programs?

Answer:

It depends upon how the program is organized – standard or non-standard terms - not the measurement of courses. Please visit our webpage on reporting requirements for more information.

Question 30:

For accredited schools with 35% exemption, is there any need to continue tracking programs for 85/15 during the exemption.

Answer:

No. In addition to the exemption to routinely report, programs at accredited educational institutions and vocational flight schools approved under 38 CFR 3672 with the 35 percent exemption are exempt from the 85/15 rule for enrollment periods beginning on or after August 26, 2022, or the date of their 35 percent exemption, whichever date is later.

Question 31:

If our term starts 1/10/25 we would report based on current regulations, not those starting 1/16/25 even though we will be submitting it approx. 30 days after our start term, which is after the 1/16/25 date?

Answer:

That’s correct, but as an accredited school, these changes will NOT affect you unless your Veteran enrollment exceeds 35 percent of your total student population.

Question 32:

The 85/15 rule does not apply to approved programs with fewer than 10 supported students enrolled. question: Is that within the same month?

Answer:

That’s total students enrolled in the program overall.

Question 33:

For term-based schools, summer 85/15 reporting is optional, if we want to apply for the 35% report, can we submit it for summer or do we need to wait until fall?

Answer:

For term-based school, summer reporting is not optional – it’s completely excluded. The regulation specifically excludes summer terms. If you have the exemption at the start of the Spring term, wait until Fall.

Question 34:

As an Air traffic control tower with two students, do I still need to fil out the forms?

Answer:

If your school charges any amount of tuition and fees, your school is not excluded from 85/15. Please visit our website for more information on the 85/15 rule.

Question 35:

Accredited school has 35% exemption, so we do not have to calculate the 85/15 ratios?

Answer:

That right. Approved programs offered at accredited schools with a 35 percent exemption are not subject to 85/15.

Question 36:

Are noncredit programs required to submit for 85/15 as well?

Answer:

If the program is SAA-approved and not otherwise exempted from 85/15, yes.

Question 37:

I have both IHL and NCD with some NCD's starting at the beginning and middle of the term (8-week session), can I process them as the regular semester?

Answer:

No. If your programs are not otherwise exempt, you will need to report within 30 days of the beginning of each standard and non-standard term.

Question 38:

Do colleges with the 35 percent exemption still have to run calculations for all enrollment periods, and just not report them to VA? Or does the 35 percent exemption mean you don't have to run calculations for the period in which it's granted?

Answer:

Only schools that are non-accredited still need to are still required to monitor enrollment ratios and maintain compliance with 85/15.

Question 1:

How do you verify your 35% exemption submission was granted?

Answer:

For your 35 percent exemption date, you can contact your ELR via their mailbox or via Ask VA (AVA).

Question 2:

Do we have to renew our exemption if we already have one?

Answer:

For all types of schools, the 35 percent exemption expires every 24 months.

Question 3:

How do we determine when our 35% exemption expires? Is it 24 months from the date on the Approval letter?

Answer:

For all types of schools, the 35 percent exemption expires 24 months from the effective date of approval. Expiration dates are on the initial exemption approval letter, so you should be able to find it on the letter you received from VA approving your 35 percent exemption. If you don’t have access to that information, contact your ELR via their mailbox or via Ask VA (AVA).

Question 4:

The law doesn't appear to state a 24-month application is required for the 35 percent exemption. Where does the reapplication process come from?

Answer:

The 24 month expiration is VA policy and is supported by 38 CFR 21.4201.c.4.ii.

Question 5:

When do we know when to reapply for the 35 percent exemption? Does VA notify us when the 35 percent exemption is due to expire?

Answer:

VA sends emails to schools with an expiring 35 percent exemption; however, I recommend you identify the date of expiration ahead of expiration and ensure you submit your request in accordance with regulations.

For all types of educational and training institutions, the 35 percent exemption expires 24 months from the date of issue. The school should submit applications for renewal in accordance with current guidance:

• If the school is organized on a term, quarter, or semester basis, it must submit the 35 percent exemption request no later than 30 days after the beginning of the term for which the school wants the exemption to apply.
• If the school is not organized on a term, quarter, or semester basis, it must submit the 35 percent exemption request no later than 30 days after the beginning of the calendar quarter for which the school wishes the exemption to apply.

*Effective with enrollment periods beginning on and after January 16, 2025, schools with programs organized on an other than standard term basis must submit your request not later than 30 days after the beginning of the non-standard enrollment period in which the school wishes the exemption to apply.

Question 6:

If we already submitted our Exemption renewal request in February via the ELR email like we have done in the past, do we need to resubmit in upload portal. Our exemption expires this month.

Answer:

The Education File Upload Portal went live in Fall 202 and is the correct platform for submission of 85/15 and 35 percent exemption documents. If you haven’t yet received a response to your submission from VA, recommend you contact you ELR directly to confirm that they received the form or if you should resubmit via the Education File Upload Portal. You can contact your ELR via their mailbox or via Ask VA (AVA).

Question 7:

When applying for the 35 percent exemption now (pre-January 16, 2025) when calculating supported students, would we use definitions of "supported" or just actual VA supported students?

Answer:

The calculation for the 35 percent exemption does not change nor is it affected by this change. Please visit our webpage for information on 35 percent exemption vs. 85/15 calculations.

Question 8:

Our school is an accredited IHL with Flight, do we only submit the 35% Exemption Request?

Answer:

Accredited schools only need to submit the 35 percent exemption request. Non-accredited schools must submit the 35 percent exemption request and the 85/15 calculations.

Question 9:

We heard that we should not wait until after the expiration date to submit the 35% Exemption reapproval because it might mean we'd have to submit 85/15 Calculations all over again.

Answer:

If your school is accredited and your school meets requirements for the 35 percent exemption, you will not need to complete the calculations to reapply for the 35 percent exemption. If your school doesn’t meet either of these requirements, you would need to complete the calculations regardless of having one previously. However, if you want to apply so that there is no break in the exemption, you should apply the semester it expires. With that, you need to submit your exemption request not later than 30 days after the start of the enrollment period/semester/term in which you want the exemption to take effect, or quarter, if your programs or organized on a non-standard basis. For more information on the 35 percent exemption, visit our website.

Question 10:

For an accredited standard term-based school, does a 35% exemption mean we don’t have to worry about an individual program/subprogram that may exceed 85% at some future date? E.g., School has 40+ degree specializations. All but one is under 85%, most under 10%. But one has 20 students, of which now has 18 supported students. How does this affect the 35% exemption?

Answer:

Approved programs at accredited schools with the 35 percent exemption are exempt from the 85/15 rule for enrollment periods beginning on and after August 26, 2022, or the effective date of their 35 percent exemption, whichever date is later.

Question 11:

My 35% Exemption ends in November 2024, so I should start in August 2024 with the 85/15 forms, correct? I am accredited.

Answer:

Yes, you should submit your request not later than 30 days after the start of the enrollment period in which you wish the exemption to take effect.

Question 12:

My accredited IHL doesn’t get a total headcount until like October of each fall semester, but the semester starts in late August. How do we submit the 35% exemption within the 30-day of the start of the semester requirement? Do we just request our institutional research office to provide their best headcount at the 30-day mark?

Answer:

Yes, you must submit your 35 percent exemption request not later than 30 days after the start of the enrollment period in which you wish the exemption to take effect.

Question 13:

Our exemption expires on May 19th. Can I tie it to the spring semester that began on 1/16/24?

Answer:

You are meant to submit no later than 30 days after the start of the enrollment period in which you want the exemption to take effect, and you are covered for the Spring semester. And, if you qualify for the 35 percent exemption, nothing changes in your application process. BUT you can submit it now and tie it to the Spring 2024 enrollment, yes. Plan to reapply with the Spring enrollment period every 24 months moving forward.

Question 14:

I have an exemption that expires February 2025. When do I submit for a new exemption request?

Answer:

You must apply for the 35 percent exemption no later than 30 days after the start of the enrollment period in which your wish the 35 percent exemption to take effect.

Question 15:

For clarification purposes. Our exemption form expires in December. Should we resubmit within 30 days of the start of our semester in September. We are an IHL.

Answer:

Assuming by “IHL” you mean yours is an accredited school organized with standard enrollment periods because those factors affect 85/15 but IHL or NCD does not. It’s a challenging concept to communicate to folks who are used to the classification of IHL vs NCD, so I’m using your question to do so... But you can, yes. You are meant to submit no later than 30 days after the start of the enrollment period in which you want the exemption to take effect, and you are covered for the Spring semester. And, if your school qualifies for the 35 percent exemption, nothing changes in your application process (as long as you still qualify when you get to applying). If you want to do it ahead of time, you can.

Question 16:

Our 35% exemption expires on 5/11 at the end of our spring semester. Can we wait to submit our new 35% exemption in August prior to our Fall semester start?

Answer:

If your school’s programs are organized on a standard term basis – term/semester/quarter – then summer terms are excluded. You can submit your 35 percent exemption request not later than 30 days after the start of the enrollment period in which you want the exemption to take effect. So yes, the Fall term, is appropriate since you have an exemption for the Spring term already.

Question 17:

I am an SCO at an accredited NCD school, and my exemption expires on July 8, 2024. Can I request this now to give time for the exemption to process before my current exemption expires?

Answer:

If your school’s programs are organized on a standard term basis – term/semester/quarter – summer terms are excluded. Submit your 35 percent exemption request not later than 30 days after the start of the enrollment period in which you want the exemption to take effect. Since you have an exemption for the Spring semester, submitting with the Fall term is appropriate since you have an exemption for the Spring term already. If your programs are organized on an other than term basis (non-standard terms), you should submit not later than 30 days after the start of the quarter in which you wish the exemption to take place. If this is your situation, I would submit the exemption request not later than July 30^th.

Question 18:

We would need to submit a 35% exemption application for each facility code, correct?

Answer:

Yes, excluding extension campuses. Extension campuses, designated as such with an "X" in the third character in the VA-issued facility code, are not approved independently of the parent campus. Enrollments in programs where some or all the courses are taken at an extension campus that does NOT maintain administrative capability must be reported under the parent campus facility code. A parent campus may be either a main or a branch campus.

Question 19:

If the date on my 35% exemption approval letter is dated 9/26/2022, should I submit the exemption request again for the fall 2024 semester?

Answer:

Yes, that’s perfect timing for your 35 percent exemption renewal request.

Question 20:

Is there a separate requirement for a private institution for the 35% exemption?

Answer:

No, but there is an additional requirement for non-accredited schools. Please visit our website for more information about applying for the 35 percent exemption.

Question 21:

If our 35% exemption expired on February 15, should I apply for a new exemption for the beginning of the Spring semester (January 16, 2025)?

Answer:

You must apply for the 35 percent exemption no later than 30 days after the start of the enrollment period in which your wish the 35 percent exemption to take effect. Yes, I recommend you apply with the Spring 2025 enrollment period.

Question 22:

Our exemption expires in July, and we don't have students over the summer. Do I let it expire and report within 30 days of the beginning of our school year in August?

Answer:

Yes, that would be the appropriate timeline for renewal of the 35 percent exemption.

Question 23:

VA Form 22-10216 form has a box that says VA From 22-10215 is attached. So as accredited IHL with 35% exemption letter dated 11/16/22, would we only submit 10216 without 10215?

Answer:

Yes, to obtain a 35 percent exemption, accredited schools only need to submit VA Form 22-10216.

Question 24:

How do you know when your 35% exemption expires?

Answer:

It’s 24 months from the date of approval. For example, if your school’s 35 percent exemption is effective on 10/11/2023, the expiration date is 10/10/2025. As such, this school should apply to renew its 35 percent exemption to correspond with the Fall 2025 enrollment period.

Question 25:

My exemption ended March 2024. Should i go ahead and submit exemption starting the Spring term in January 2024.

Answer:

Yes, you may still submit your request to renew the 35 percent exemption with the Spring 2024 enrollment period calculations. You can also wait until the next regular term to do so. The renewal process does not change, and you will simply submit the VA Form 22-10216 not later than 30 days after the start of the enrollment period in which you wish the exemption to take effect.

Question 26:

I have a small college with just two supported students enrolled. So, do I just have to fill out the 35% Exemption form and leave most of the Assurance of Compliance blank?

Answer:

If your school is accredited, you only have to submit the 35 percent exemption request – 85/15 calculations are not required. If your school is non-accredited, you will need to complete VA Form 22-10215 to accompany the exemption request (VA Form 22-10216). Visit our webpage on reporting requirements (scroll down) for instructions on how to indicate when a program has Fewer than 10 Supported Students enrolled. Please visit our website for information on how to apply for the 35 percent exemption.

Question 27:

Our 24 months will expire before the fall semester begins, should I submit a renewal based on our current spring semester enrollment numbers?

Answer:

You can wait until the Fall semester as you had one going into the Spring semester. Visit our webpage for guidance on applying for the 35 percent exemption.

Question 28:

Our 35% exemption expires Nov 2024. do we need to submit a full 85/15 with the exemption?

Answer:

If your school is accredited, you do not need to submit 85/15 calculations with your exemption request. If your school is non-accredited, you do. Please visit our website for instructions and guidance on the 35 percent exemption.

Question 29:

Just to clarify, as an accredited school, if we are applying to renew our 35% exemption now, we do NOT have to include 85/15 reports?

Answer:

That’s right. Accredited schools only need to submit VA Form 22-10216

Question 30:

If our 35 percent exemption ends in November this year, when should we resubmit for exemption to maintain continuous exemption?

Answer:

Submit the 35 percent exemption not later than 30 days after the start of the enrollment period/term/semester in which you want the exemption to take effect. Recommend you submit it with the Fall semester; however, you could wait until the Spring enrollment period as you already have the exemption going into the Fall enrollment period and waiting until the Spring won’t change anything to do with your application process.

Question 31:

I have an 35 percent exempt school. Will VA notify me when it is ready to expire?

Answer:

VA is sending notices to schools with expiring exemptions; however, I recommend you find our when it will expire, so you can identify in which enrollment period you need to submit your exemption request. Please visit our website for more information about applying for the 35 percent exemption.

Question 32:

Just to clarify, as an accredited school, if we are applying to renew our 35% exemption now, we do NOT have to include 85/15 reports?

Answer:

Effective for enrollment periods beginning on and after August 26, 2022, only non-accredited schools need to submit 85/15 calculations with the 35 percent exemption.

Question 33:

We have 35% exemption from June 2022. I know it's good for 24 months. How and when do we need to renew this?

Answer:

For enrollment periods beginning before January 16, 2025, the school should submit applications for the 35 percent exemption renewal in accordance with current guidance:

• If the school’s programs are organized on a term, quarter, or semester basis, it must submit the 35 percent exemption request no later than 30 days after the beginning of the term for which the school wants the exemption to apply.
• If the school’s programs are not organized on a term, quarter, or semester basis, it must submit the 35 percent exemption request no later than 30 days after the beginning of the calendar quarter for which the school wishes the exemption to apply.

Question 34:

Our 35% exemption was granted on 2/6/23 so it will expire 2/6/25. When should I re-apply?

Answer:

If you exemption was effective February 6, 2023, it will expire February 5, 2025. You can submit the 35 percent exemption request not later than 30 days after the beginning of the Spring 2025 enrollment period.

Question 35:

If we have the 35% exemption in place until after the new rule is implemented in 2025, do we have to reapply for the exemption in Jan 2025 with new calculations or when the exemption (e.g., August 2026) ends?

Answer:

The changes do not affect the 35 percent exemption in any way. The 35 percent exemption is granted for 24 months. You can submit the 35 percent exemption request not later than 30 days after the beginning of the enrollment period in which you wish it to take effect.

Question 36:

We are accredited with a 35% exemption. To clarify, do we look at "supported" students or only students receiving VA benefits?

Answer:

For information on how to calculate for the 35 percent exemption, visit our website.

Question 37:

As a private school, we offer the majority of our students institutional aid. With that, we will have most of our students being supported? We currently have the 35 exemption. Will that not make us no longer exempt?

Answer:

No, the 35 percent exemption is based on VA beneficiaries vs. non-VA beneficiaries. Supported vs. Non-supported is not relevant. For information on how to calculate for the 35 percent exemption, visit our website.

Question 38:

As part of the process to reapply for the 35% exemption, please clarify. Do we have to prepare 85/15 report to submit with the reapplication?

Answer:

Only non-accredited schools must submit 85/15 calculations with the 35 percent exemption.

Question 39:

Will 35 percent exemptions be reset January 2025?

Answer:

No, 35 percent exemptions will not be reset but for all types of institutions, the 35 percent exemption expires every 24 months.

Question 40:

Where do we find our 35% exemption waiver effective date? Is it in WEAMS?

Answer:

It is in WEAMS, but it doesn’t show up on your WEAMS Report. If you’re unsure of the expiration date, contact you ELR via their mailbox or via Ask VA (AVA).

Question 41:

If we have 35 perfect exemption for 24 months starting January 2024 - how does this affect changes starting February 2025, if we are approved through January 2026?

Answer:

It doesn’t, unless your school is non-accredited. If your school is non-accredited, or the school doesn’t possess a 35 percent exemption, you’re calculating 85/15 for each enrollment period. These changes are really only relevant to non-accredited and to accredited schools without the 35 percent exemption.

Question 42:

We received our notice of the 35 percent exemption on September 8, 2022. Does that mean, then, that I have to wait until August 8 before I can submit our renewal 35 percent exemption? Accredited IHL.

Answer:

You must submit your request not later than 30 days after the beginning of the enrollment period in which you want the exemption to take effect. Though it appears you may be covered for the Fall semester, if your school is organized on a standard term (semester/term/quarter), if your exemption expires on September 7, 2024, I recommend you submit not later than 30 days after the start of the Fall 2024 enrollment period start date.

Question 43:

For 35% Exemption - Does Full Time vs Part Time VA beneficiary status matter, or is it just number of benefit users regardless of FT/PT status?

Answer:

The 35 percent exemption is the calculation of the total number of VA beneficiary students enrolled divided by the total number of students enrolled overall. One for one, regardless of part-time/full-time status. Here’s what that looks like: VA students ÷ (VA students + Non-VA students). Check out our webpage on the 35 percent exemption for more information.

Question 44:

Could you confirm if my 35% exemption expires in June 2024, will I need to provide an 85/15 report for spring 2024 semester, or no?

Answer:

You must submit your exemption within 30 days of the beginning of the enrollment period in which you wish the 35 percent exemption to take effect. If your school is organized on a standard basis (term, semester, quarter), then summer terms are specifically excluded from 85/15. As you have an exemption for the Spring 2024 enrollment period already, you should submit your exemption within 30 days of the beginning of the Fall 2024 semester.

Question 45:

My 35 percent exemption letter states that it "...will remain in continuous effect until your VA beneficiary enrollment exceeds 35% of your total enrollment." Is this no longer accurate?

Answer:

For all types of schools, the 35 percent exemption expires every 24 months.

Question 46:

Our 35 percent exemption expires December 2024. Should I submit the 85/15 calculations for August 2024?

Answer:

Because you have an exemption for the Fall 2024 semester, you can submit the 35 percent exemption not later than 30 days after the start of the Spring 2025 enrollment period.

Question 47:

If a 35% exemption expires in August for a semester-based institution, can enrollment numbers from the current spring semester be used to reapply or should the reapplication wait until the fall semester begins?

Answer:

You can do either, but since you technically possess a 35 percent exemption for the Spring semester, there’s no reason to apply for the Spring – you already have the exemption. You could just as easily apply for the Fall semester, and if your school is accredited, and it meets requirements for the 35 percent exemption, it makes no difference to the amount of paperwork you need to complete. However, the law does require that you submit the request not later than 30 days after the beginning of the enrollment period in which you want the exemption to take place, so it’s more accurate to apply in the Fall.

Question 48:

VA has said we should submit their 35% Exemption Reapproval Requests 30 days before their expiration date. Is this acceptable?

Answer:

The regulation requires that the exemption request is submitted not later than 30 days AFTER the beginning of the enrollment period in which you wish the exemption to take effect. If you are submitting them outside of that period, we can still accept the request in the spirit of expediency, but those numbers must reflect enrollment numbers for that term/semester/enrollment period. As the regulation stipulates when the request must be submitted, and that the request is submitted during an enrollment period, it is our belief that the intention is that the calculation reflect actual, and not arbitrary, enrollment numbers for the period in which you wish the exemption to take effect.

Question 49:

How do we know 35 exemption was accepted?

Answer:

VA sends an email to the school confirming the exemption. If you never received that notification, contact your ELR via their mailbox or via Ask VA (AVA).

Question 50:

How do I know when my 35% exemption expires?

Answer:

VA sent the school an email when the 35 percent exemption was approved that provides that information. If you don’t have access to that email notification, you should contact your ELR via their mailbox or via Ask VA (AVA).

Question 51:

If my 35% exemption expires in December and our next semester is January when should I apply for the next exemption?

Answer:

You can submit the 35 percent exemption request not later than 30 days after the beginning of the January 2025 enrollment period. Because the Fall 2024 semester is already covered by your current exemption, it would be accurate to submit with the Spring 2025 enrollment period as that is the enrollment period in which you wish the exemption to take effect.

Question 52:

You said in the 35 percent exemption the number of VETERAN students. Is it VETERANS specifically or all students using VA benefits.

Answer:

The term “Veterans” is used to mean are all students using VA benefits.

Question 52:

When the new rules go into effect in 2025, will there still be a 35 percent exemption?

Answer:

Yes, there will. The updates does not affect the 35 percent exemption.

Question 1:

Do we get a letter from the VA ELR that a specific program that was over 85% as a courtesy? To make it official?

Answer:

Yes, you’ll get an updated WEAMS report and written notification via email.

Question 2:

To clarify, if a student is enrolled in the spring semester, for example, then takes a Leave of Absence in the summer semester; is the student considered a 'New Student' as opposed to a 'Continuing Student'?

Answer:

If your school’s programs are organized on a semester, quarter, or term basis, summer terms are excluded, and the student’s enrollment would be considered continuous. If the school’s program is not organized on a semester, quarter, or term basis, the student’s enrollment would be considered broken, and the returning student is a new student.

Question 3:

And for schools who are suspended due to an 85/15 violation, will still trigger a Risk Base Survey from the SAA?

Answer:

Not necessarily. It might lead to a Risk Based Survey if there is an 85/15 violation and the school possesses other risk factors. If the violation is due to failure to submit required 85/15 reports (an approval violation), that may trigger a Targeted Risk Based Survey but would more likely prompt SAA-suspension and/or withdrawal of all programs.

Question 4:

Was the VA Form 22-10216 updated? It says Nov 2021, but the form I submitted in January required the 85/15 calculations and is also dated Nov 21.

Answer:

The current version of the form was updated to reflect the change in reporting requirements for accredited schools that were effective in August 2022. The issue date didn’t change because the content in the form was not substantially changed and because we did not require any additional information. Here’s a link to the current version of the form: https://www.vba.va.gov/pubs/forms/VBA-22-10216-ARE.pdf.

Question 5:

In January 2025 when the new reporting guidelines kick in, will the 35% exemption guidelines change as well? (For example: Institutional scholarship supported students, will those count to the 35% now? or will it remain just VA).

Answer:

No, calculations for the 35 percent exemption don’t take into account supported or non-supported students. Only VA beneficiaries versus non-VA beneficiaries. Please visit our webpage for information on 35 percent exemption vs. 85/15 calculations.

Question 6:

My counterpart keeps talking about a 90/10 rule.

Answer:

You can find more information on 90/10 on the Department of Education website. 90/10 is unrelated to the 85/15 rule.

Question 7:

How does 85/15 impact apprenticeship programs?

Answer:

On-the-Job Training/Apprenticeship programs are exempt from 85/15.

Question 8:

If a student is not attending the summer term, is that considered a break in enrollment?

Answer:

Not for programs organized on a standard term, semester, or quarter basis - summer months are specifically excluded from the 85/15 rule for these programs. See our webpage on reporting requirements for more information.

Question 9:

Where can I find the December Webinar for 85/15 reporting for programs organized on a non-standard basis?

Answer:

In December 2023, NTT-S hosted a session on 85/15 for schools with programs offered on a clock hour basis. The information is relevant to any schools organized on a non-standard basis. Follow this link and you’ll find a link to the YouTube video on Reporting 85/15 for Programs Organized on a Non-Standard Basis.

Question 10:

Who did you say to contact if you have 85/15 or 35% exemption questions?

Answer:

If after you review the information available on our website, you have a question about the 85/15 rule or the 35 percent exemption as it applies to your school, contact your ELR via their mailbox or via Ask VA (AVA).