“How the Post 9/11 GI Bill Affects Residency for Veterans, Service Members, Dependents and Survivors” David Blair, Director-Veteran and Military Affairs The University of Alabama M 3.9 | February 12, 2018

Agenda Veterans Health Care and Benefits Improvement Act of 2016 PL 114-315 Section 702 In-State Tuition Provision In-State Tuition Provision “UPDATE” Covered Individuals Residency Maintaining Covered Status Yellow Ribbon

Section 702 In-State Tuition Provision Section 702 of the Choice Act requires VA to disapprove programs of education for everyone training under CH30 and Ch33, not just covered individuals, if resident T&F are not charged to all covered individuals Other chapters (CHs 31, 35, 1606 & 1607) are not effected in any way The original law applies to terms starting after July 1, 2015 through July 1,2017: Only applies after the Service member has been discharged Does not apply to students (spouse or children) using transferred Post-9/11 GI Bill benefits (TOE) (Transfer of Entitlement) from someone still on active duty Applies to spouses using TOE benefits Applies to children using TOE benefits

Section 702 In-State Tuition Provision UPDATE December 16, 2016 President Obama signed into law the Veterans Health Care & Benefits Improvement Act of 2016 (PL 114-315): The updated law applies to terms beginning after July 1, 2017 Expanded an existing category: Fry Scholarship recipients (child or spouse) who live in the state in which the public IHL is located no longer have to enroll within 3 years of the Service member’s death The Service member killed in the line of duty does not have to have served a minimum of 90 days on active duty Added a new category: A student (child or spouse) using transferred benefits from an active duty member will be covered

Section 702 “Covered Individuals” UPDATE For terms starting after 7/1/17 A “covered individual” is now defined as: A Veteran who lives in the state in which the IHL is located (regardless of formal state of residence) who 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 of a Veteran using transferred benefits who lives in the state in which the IHL is located (regardless of his/her formal state of residence) and enrolls in the school within three years of the transferor’s discharge from a period of active duty service of 90 days or more. A spouse or child of active duty member using transferred benefits who lives in the state in which the IHL is located (regardless of his/her formal state of residence). A spouse or child using benefits under the Fry Scholarship who lives in the state in which the IHL is located (regardless of his/her formal state of residence)

Section 702 Residency How do we define “residency” or “living in the state?” “Living in the state” simply means that the student must live in the state where the public IHL is located on the first day of classes. This is something short of being a “resident” but is similar and consistent with other legal concepts such as “domicile” and “place of abode” that denote a meaningful physical presence that does not rise to the level of residency. Student could show proof such as a utility bill with their name and address in the state, drivers license in the state, voter registration in the state etc.

Section 702 Maintaining Covered Status To maintain covered status a student must be using CH30 or CH33 benefits and: Remain continually enrolled at the same public IHL Continuity of enrollment is not broken by regularly scheduled breaks between courses, semesters, terms or by summer break NOTE: Continuity of Enrollment may not be broken if there is an agreement between state schools (such as UNC) A student will lose covered status if: They exhaust entitlement or reach their delimiting date They choose not to use benefits under CH30 or CH33 even if the student remains continuously enrolled

Section 702 “Covered Individuals” (cont.) A school can impose other requirements in order for a student to be charged in-state T&F as long as they do not require physical presence for any period of time Example: The law allows the state/school to require the student to request in-state status and turn in documents such as a copy of their lease or their university housing assignment verification It is ultimately a student’s responsibility to provide documentation to the school to prove ‘covered’ status If student fails to provide the required documentation then the school can charge out of state T&F You will want to document your attempts to obtain the information from the student

Section 702 & Yellow Ribbon The Yellow Ribbon Program will still be available for eligible students who do not meet the definition of covered individual including those: Veteran or TOE beyond three years of discharge Students who lose ‘covered’ status (change schools, exhaust entitlement, have a break in enrollment etc.) Students attending private schools