1. “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

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

3. 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

4. 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 ):
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

5. 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)

6. 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.

7. 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

8. 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

9. 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