Section 3679(c) of Title 38, United States Code 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 (IHLs) if the school charges qualifying Veterans and dependents tuition and fees in excess of the rate for resident students for terms that began after July 1, 2017.
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 as:
• A Veteran who lives in the state where the IHL 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.
• An individual using transferred benefits who lives in the state where 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.
• Anyone described above while he or she remains continuously enrolled (other than during regularly scheduled breaks between courses, semesters, or terms) at the same school. The person so described must have enrolled in the school prior to the expiration of the three-year period following discharge or release as described above and must be using educational benefits under either Chapter 30 or Chapter 33, of Title 38, United States Code.
• Anyone using transferred Post-9/11 GI Bill® benefits who lives in the state where the IHL is located and the transferor is a member of the uniformed service who is serving on active duty.
• Anyone using benefits under the Marine Gunnery Sergeant John David Fry Scholarship who lives in the state where the IHL is located (regardless of his/her formal state of residence).
The in-state tuition provisions do not apply to those individuals on active duty using benefits under the Post-9/11 GI Bill® and Montgomery GI Bill®-Active Duty.
Public IHLs must offer in-state tuition and fees to all covered individuals with Post-9/11 GI Bill® and Montgomery GI Bill® - Active Duty (MGIB - AD) benefits in order for programs to remain approved for GI Bill® benefits for terms that began after July 1, 2017. After July 1, 2017, 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. These requirements ensure our nation’s recently discharged Veterans, and their eligible family members, will not bear the cost of out-of-state charges while using their well-deserved education benefits.