Policies Effecting Veteran Education Programs

CURRENT UNIVERSITY POLICY:

In 2015, the University of Southern Indiana implemented the policy that all Chapter 33 and 30 students would receive in-state tuition.

USI is still listed as a Yellow Ribbon institution, but the conditions no longer apply because of this policy. Our Yellow Ribbon agreement with the Department of Veteran Affairs states that when a Chapter 33 student has an out-of-state tuition rate, the VA pays an in-state rate at the percentage the student is approved for. Any overage is divided by the VA and USI up to $2,000.00. Any overage beyond that is paid by the student.  This policy superseded the Yellow Ribbon and Section 702 guidelines.

ADDITION OF SECTON 301 - 2019:

Beginning Summer 2019, the University of Southern Indiana renews the current policy for Department of Veterans Affairs education benefits under Section 702 of the Choice Act (Chapters 33 and 30) and include in-state tuition to the students meeting the aforementioned criteria under Section 301 of Public Law 115-251 (Chapter 31 Vocational Rehabilitation).

Section 702 of the Veterans Access, Choice and Accountability Act of 2014 (“Choice Act”)

                    Section 301, Public Law 115-251

                    U.S.C. 3679(c)

Section 301 of Public Law 115-251 further amended 38 U.S.C. 3679(c) to require that individuals using educational assistance under chapter 31, Vocational Rehabilitation and Employment (VR&E), also be charged the resident rate. 

Effective for courses, semesters, or terms beginning after March 1, 2019, a public institution of higher learning must charge the resident rate to Chapter 31 participants, as well as the other categories of individuals described above.  When an institution charges these individuals more than the rate for resident students, VA is required to disapprove programs of education sponsored by VA.

Section 702 of the Veterans Access, Choice and Accountability Act of 2014 (“Choice Act”), requires VA to disapprove programs of education for payment of benefits under the Post-9/11 GI Bill and Montgomery GI Bill-Active Duty at public institutions of higher learning if the schools charge qualifying Veterans and dependents tuition and fees in excess of the rate for resident students for terms beginning after July 1, 2015.

These new requirements will ensure that our Nation’s recently discharged Veterans, and their eligible family members, will not have to bear the cost of out-of-state charges while using their well-deserved education benefits.

To remain approved for VA’s GI Bill programs, schools must charge in-state tuition and fee amounts to “covered individuals.” A “covered individual” is defined in the Choice Act as:

•  A Veteran who lives in the state in which the institution of higher learning is located (regardless of his/her formal state of residence) and enrolls in the school within three years of discharge from a period of active duty service of 90 days or more.

• A spouse or child using transferred benefits who lives in the state in which the institution of higher learning is located (regardless of his/her formal state of residence) and enrolls in the school within 3 years of the transferor’s discharge from a period of active duty service of 90 days or more.

• A spouse or child using benefits under the Marine Gunnery Sergeant John David Fry Scholarship who lives in the state in which the institution of higher learning is located (regardless of his/her formal state of residence) and enrolls in the school within three years of the service member’s death in the line of duty following a period of active duty service of 90 days or more.

The law requires VA to disapprove programs of education for everyone training under the Post-9/11 GI Bill and the Montgomery GI Bill –Active Duty (MGIB-AD) if in-state tuition and fees are not offered to all “covered individuals.”

The State of Indiana Department of Veteran Affairs will ensure all public institutions of higher learning offering VA-approved programs charge in-state tuition and fees to “covered individuals” as described, to include same-sex spouses and children (biological, adopted, pre-adoptive, and stepchildren of same-sex spouses) after July 1, 2015.

Public institutions must offer in-state tuition and fees to all “covered individuals” for Veterans and family members to be eligible to receive GI Bill benefits for training beginning after July 1, 2015. VA will not issue payments for any students eligible for the Post-9/11 GI Bill or the MGIB-AD until the school becomes fully compliant. VA is in the process of developing waiver criteria for States that are actively pursuing changes to comply with these provisions. More information regarding the waiver criteria will be included in a regulation published in the Federal Register.

VA will not issue payments under the Post-9/11 GI Bill and MGIB-AD for all students in terms beginning after July 1, 2015, if the requirements of Section 702 are not met, unless a waiver is granted. If the in-state tuition and fee policies are brought into compliance with the requirements after July 1, 2015, and no waiver was previously granted, VA will begin making payments for terms, quarters, or semesters that begin on or after the date that the compliant policies take effect.

Public Law 113-146, Section 702, as a condition of continued US Department of Veterans Affairs program approval; 20 USC 1015d; Indiana Senate Enrolled Act 434; and I.C. 21-14-12.2 and 21-14-9 require certain active duty personnel and their dependents; veterans; members of the Indiana National Guard; and Post-9/11 or Montgomery GI Bill® beneficiaries pay no more than the in-state tuition rate, regardless of residency classification.

Scope

Certain non-resident military-affiliated students who are eligible to be charged tuition at the same rate as Indiana residents under state and/or federal law. 

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Policy Statement

1. In accordance with federal and Indiana state laws, the following non-resident veterans, military members, and GI Bill® beneficiaries are eligible to pay in-state tuition rates:
1. Current members of the Indiana National Guard; or
2. Active duty service members with orders assigning them to duty in the state of Indiana or the spouse or dependent child of such an active duty service member; or
3. Active duty service members (on active service for more than 30 days) who are domiciled in the state of Indiana or the spouse or dependent child of such an active duty service member; or
4. Veterans who received an honorable discharge, enrolled at Indiana University within 12 months of separation or discharge from the armed forces of the United States or the Indiana National Guard, and who begin establishing legal residency in Indiana within the first twelve months of enrollment (or the spouse/dependent child of said veteran who also begins establishing legal residency in Indiana); or
5. A veteran, spouse of a veteran, or dependent child of a veteran, who is using Post 9/11 GI Bill®, or Montgomery GI Bill® benefits who is domiciled in the state of Indiana and who enrolled while the service member is on active duty; or
6. A veteran, spouse of a veteran, or dependent child of a veteran who is using Post 9/11 GI Bill®, or Montgomery GI Bill® benefits and the veteran served at least 90 days of active duty and who is domiciled in the state of Indiana.
7. Recipients of the Department of Veterans Affairs Marine Gunnery Sergeant John David Fry Scholarship.
8. Current and former crew members of the USS Indiana (SSN-789) who are currently serving or who did serve 180 days as crew.
9. Veterans using the Department of Veterans Affairs’ Veteran Readiness & Employment (VR&E) benefits who are domiciled in the state of Indiana.
10. Veterans who enrolled at Indiana University within 36 months of receiving an honorable discharge from the armed forces of the United States who reside in Kentucky, Ohio, Illinois, or Michigan, and are using benefits under the Servicemen’s Readjustment Act of 1944.
2. Students who meet the above qualifications will be charged the same tuition as in-state residents, but this does not make them a resident of that state of Indiana. Students who believe they should be classified as a resident of the state of Indiana should consult USSS-07 and their campus residency appeal process.
3. The in-state tuition rate charges via residency exception will apply to all academic levels and continue as long as the student remains continuously enrolled.

The purpose of this policy is to provide guidelines related to the Recruiting and Marketing, as well as the Payment of Incentive Compensation for the delivery of educational services to Service members, military retirees, and other personnel covered in the DoD Voluntary Education Partnership Memorandum of Understanding (MOU) between the DoD Office of the Under Secretary of Defense for Personnel and Readiness and the University. As part of its efforts remain compliant with program integrity requirements of the MOU, the University will:

• Refrain from high-pressure recruitment tactics such as making multiple unsolicited contacts (3 or more), including contacts by phone, email, or in-person, and engaging in same-day recruitment and registration for the purpose of securing enrollments.
• Refrain from providing any commission, bonus, or other incentive payment based directly or indirectly on securing enrollments or federal financial aid (including TA funds) to any persons or entities engaged in any student recruiting, admission activities, or making decisions regarding the award of student financial assistance.

Public Law 113-146, Section 702, as a condition of continued US Department of Veterans Affairs program approval; 20 USC 1015d; Indiana Senate Enrolled Act 434; and I.C. 21-14-12.2 and 21-14-9 require certain active duty personnel and their dependents; veterans; members of the Indiana National Guard; and Post-9/11 or Montgomery GI Bill® beneficiaries pay no more than the in-state tuition rate, regardless of residency classification.

Certain non-resident military-affiliated students who are eligible to be charged tuition at the same rate as Indiana residents under state and/or federal law. 

In accordance with federal and Indiana state laws, the following non-resident veterans, current military members, and GI Bill® beneficiaries are eligible to pay in-state tuition rates:

• Current members of the Indiana National Guard; or
• Active duty service members with orders assigning them to duty in the state of Indiana or the spouse or dependent child of such an active duty service member; or
• Active duty service members (on active service for more than 30 days) who are domiciled in the state of Indiana or the spouse or dependent child of such an active duty service member; or
• Veterans who received an honorable discharge, enrolled at the University of Southern Indiana within 12 months of separation or discharge from the armed forces of the United States or the Indiana National Guard, and who begin establishing legal residency in Indiana within the first twelve months of enrollment (or the spouse/dependent child of said veteran who also begins establishing legal residency in Indiana); or
• A veteran, spouse of a veteran, or dependent child of a veteran, who is using Post 9/11 GI Bill®, or Chapter 30 Montgomery GI Bill® (MGIB-AD) benefits, or who is using the Department of Veterans Affairs’ Veteran Readiness & Employment (VR&E - Chapter 31) benefits who are domiciled in the state of Indiana.
• Recipients of the Department of Veterans Affairs Marine Gunnery Sergeant John David Fry Scholarship.
• Current and former crew members of the USS Indiana (SSN-789) who are currently serving or who did serve 180 days as crew.

Students who meet the above qualifications will be charged the same tuition as in-state residents, but this does not make them a resident of that state of Indiana. Students who believe they should be classified as a resident of the state of Indiana should consult the Veteran Military and Family Resource Center and/or the Admissions Office.

The in-state tuition rate charges via residency exception will apply to all academic levels and continue as long as the student remains continuously enrolled.

How Do I Apply for an In-State Exception:

1. To begin the process, eligible students must notify the Veteran Military and Family Resource Center (VMFRC) or Admission Office tor the Office of Admissions.  At this time, you may provide documentation to confirm eligibility.
   • Depending on the student’s particular circumstances, the documentation required to establish eligibility may include a Certificate of Eligibility from US Department of Veterans Affairs for Post-9/11 or Montgomery GI Bill®; Indiana National Guard ID Card; Permanent Change of Station orders; proof of address; and/or DD-214 Certificate of Discharge from Active Duty, marriage or birth certificate, or adoption papers.
2. Complete a USI Residency Appeal Form
3. Return this form to the VMFRC with the appropriate documentation
   • The VMFRC will include a support letter with your documentation and forward it to the Admissions Office.