Suspension and Review
The school with programs not otherwise exempted from the 85/15 rule will submit the 85/15 report as scheduled to the Department of Veterans Affairs (VA).
85/15 Suspension vs SAA Suspension
The 85 percent rule falls under the jurisdiction of the Education Liaison Representative (ELR), so an 85/15 suspension is not the same as a program suspension.
- The ELR may suspend a program for payment because of 85/15 violation.
- The SAA may suspend approval of a school for failure to produce records.
A program can be suspended for both at the same time.
Programs Exceeding 85 Percent Enrollment of Supported Students
When the program exceeds 85 percent enrollment of supported students at the beginning of the term, no new GI Bill® beneficiaries may be certified until the program is compliant.
For programs not otherwise exempt, schools must have policies and procedures in place to ensure compliance with all aspects of the 85/15 rule.
Violation of the 85/15 Rule
The program in violation of the 85/15 rule is given a payment suspension (which should not be confused with an approval suspension). This payment suspension means that payment for certifications will be denied for any newly enrolling VA beneficiaries receiving benefits under Title 38 or Title 10 (except those VA beneficiaries utilizing chapters 31 and 35).
Continuously enrolled VA beneficiary students may continue to be certified for a program suspended for 85/15 provided they were enrolled in, and receiving benefits for, the program during the previous term without a break in enrollment (a break over a summer term at a term-based institution is not considered a break in enrollment) unless the break is wholly due to circumstances beyond the student's control.
The 85/15 suspension alone does not affect the approval of the program as SAA maintain program approval authority.
Lifting the 85/15 Program Payment Suspension
For nonaccredited schools and all schools without an active 35 percent exemption. Once a program is suspended, the school must submit a Statement of Assurance of Compliance with 85 Percent Enrollment Ratios, VA Form 22-10215 certifying that the program is again compliant with the 85/15 rule for VA to lift the 85/15 payment suspension.
The 35 Percent Exemption 85/15 Reports Review Requirement
For nonaccredited schools. The 35 percent exemption does not de-obligate the school from monitoring 85/15 ratios or the requirement to produce those reports during a compliance survey.
Providing Calculations on Compliance
For Compliance Survey purposes, the surveyor will request 85/15 reports for all enrollment periods not otherwise exempted that begin during the survey period.
