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Education and Training.

 

Department of Defense (DoD) Exemption - Education and Training

A site is exempt from all provisions of the 85/15 rule if it has a Department of Defense (DoD) exemption. To be eligible for a DoD exemption, the program must meet all the following:

  1. It must be offered under contract with the Department of Defense or the Department of Homeland Security;
  2. It must be on, or immediately adjacent to, a military base or a facility;
  3. The program must be approved by the State Approving Agency of jurisdiction; AND
  4. It must be available only to:
    • Military personnel and their dependents;
    • Military personnel, their dependents and civilian employees of a base located in a State;
    • Persons authorized by the base commander to attend the course when the base is located outside the United States; or
    • In the case of a program offered on or immediately adjacent to a facility of the National Guard, the Air National Guard or the Selected Reserve, members of the National Guard, Air National Guard, Selected Reserve, and their dependents.

Extension campuses located on a military base

If it meets all the requirements listed in 38 CFR 21.4201 and maintains its own administrative capabilities, an extension campus may qualify for a DoD exemption. Extension campuses that are approved under a parent campus (the third character of the facility code is the letter "X") are included under the parent campus for all provisions of the 85/15 rule.

Confirming the Department of Defense (DoD) Exemption

A school interested in confirming that it has a DoD exemption must contact its Education Liaison Representative (ELR) of jurisdiction. VA confirms a school's DoD exemption when performing its review of the school's SAA-approval and reapproval (about every 24 months.) The Memorandum of Agreement (MOA) or Memorandum of Understanding (MOU) between the school and the Unit or Base Commander is typically the only document we need to confirm of this exemption; however, if the MOA/MOU does not meet requirements listed above, and the school wishes to obtain the exemption, an addendum may be appropriate. You will receive written confirmation of the DoD exemption from VA for your records.

Note: If the school changes locations (moving to a location that is not on or adjacent to a military installation), or if there are changes to the MOA/MOU so that it no longer meets requirements of the DoD exemption, the school will no longer be eligible for the DoD exemption. Note that the school may be eligible for another type of exemption. Work with your ELR to determine your options.


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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