Michigan Veterans Affairs Agency Michigan State Approving Agency Choice Act Webinar March 2015
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1 Michigan Veterans Affairs Agency Michigan State Approving Agency Choice Act Webinar March 2015
2 Agenda Who is the MVAA and SAA? Understanding the Choice Act How to comply with the Choice Act Common Issues and Tips for Revising In-state Tuition Policies Review of Michigan s IHLs VA-Approved Policies Choice Act Compliance Review Process
3 Who is the MVAA? Michigan Veteran Affair Agency (MVAA) is a State of Michigan Agency founded under Executive Order March Mission: To serve as the central coordinating point, connecting those who have served in the United States Armed Forces and their families, to services and benefits throughout the State of Michigan.
4 Who is the SAA? Michigan State Approving Agency (SAA) Provides assistance to schools and training facilities that are approved or are seeking approval. SAAs approval decisions are transmitted to the U.S. Department of Veterans Affairs (VA) so that VA can pay benefits when students enroll. SAAs play a major role in monitoring schools with approved programs to assure they continue to comply with state and federal law.
5 Understanding the Choice Act What is the Choice Act? Federal Law PL Veterans Access, Choice and Accountability Act 2014 GOAL: To improve the access of veterans to medical services from the Department of Veterans Affairs, and for other purposes.
6 General Overview of Choice Act Section 702 Requires VA to disapprove programs of education if while living in the state of the institution, a covered individual is charged tuition and fees in excess of the rate for resident students at a public institution. VA cannot compel a school to charge covered individuals the in-state rates. VA will disapprove the impacted programs if school does not charge in-state rates. Policy language compliance deadline July 1, 2015
7 Who is covered under the Choice Act, Sec. 702? Covered individuals under the Choice Act, sec. 702: Receiving Montgomery (Chap 30) and Post-9/11 (Chap 33) GI Bill educational assistance; and Enrolls within 3 years of discharge after serving 90 days or more on active duty; or Anyone using transferred entitlement within 3 years of the transferor s discharge after serving 90 days or more on active duty
8 Who is covered under the Choice Act, Sec. 702? Covered individuals under the Choice Act, sec. 702 (cont.): Surviving Spouses or Children under the Fry Scholarship who enroll within 3 years of an active duty Servicemember s death in the line of duty after serving 90 days or more; or Individuals who remain continuously enrolled after initially meeting the requirements and are using CH 30 or 33. May also include ex-spouses and same-sex domestic partners/spouses
9 How to comply with the Choice Act, Sec. 702 Methodology to Compliance: State Level (NOT APPLICABLE IN MICHIGAN) Change in State Legislation, regulation, or policy Below State Level (APPLICABLE IN MICHIGAN) Board of Regent, University/College System Institution of Higher Learning (IHL) Policy Amendment
10 Choice Act Compliance: Revising In-state Tuition Policies Draft Choice Act language for Michigan s IHLs: VA has approved two polices language that will meet compliance Policy #1 less restrictive for students, easier for school to monitor Policy #2 more restrictive for students, requires school to establish an review process for all covered individuals Recommended IHLs adopt policies language in addition to current in-state tuition policy
11 Choice Act Compliance: Revising In-state Tuition Policies Michigan s IHLs VA-Approved Policies POLICY #1: Any individual using educational assistance under either Chapter 30 (Montgomery GI Bill Active Duty Program), Chapter 33 (Post-9/11 GI Bill ), of title 38, United States Code, and/or the Marine Gunnery Sergeant John David Fry Scholarship (38 U.S.C. 3311(b)(9)) who lives in the State of Michigan while attending [NAME OF MICHIGAN SCHOOL] (regardless of his/her formal state of residence).
12 Choice Act Compliance: Revising In-state Tuition Policies Michigan s IHLs VA-Approved Policies POLICY #2: Any individual using educational assistance under either Chapter 30 (Montgomery GI Bill Active Duty Program), Chapter 33 (Post-9/11 GI Bill ), of title 38, United States Code, and/or the Marine Gunnery Sergeant John David Fry Scholarship (38 U.S.C. 3311(b)(9)) who lives in the State of Michigan while attending [NAME OF MICHIGAN SCHOOL] (regardless of his/her formal state of residence). Chapter 33 and 30 beneficiaries must enroll within three years of being released from a period of active duty service of 90 days or more. Persons using benefits under the provisions of the Marine Gunnery Sergeant John David Fry Scholarship (38 U.S.C. 3311(b)(9)) who live in the State of Michigan while attending [NAME OF MICHIGAN SCHOOL] (regardless of his/her formal State of residence) must enroll in the school within three years of the Servicemember's death.
13 Choice Act Compliance: Revising In-state Tuition Policies MI IHLs can revise policies using their own language, but must consider the following: Must allow enough time for VA review Must receive approval from VA on policy before July 1, 2015 Any variation (s) from approved MI policy language will require VA review Must allow enough time for school governance body and/or leadership to adopt new policy
14 Choice Act Compliance: Revising In-state Tuition Policies Common Pitfalls to Avoid when drafting rules and/or policies: If using the terms Veteran or Armed Forces. Veteran for the purposes of title 38, United States Code, must include veterans who performed certain fulltime service in, or were called up from, the reserve components or the National Guard, and veterans of the commissioned corps of the Public Health Service (PHS) or National Oceanic and Atmospheric Administration (NOAA). Limiting applicability based on the character of discharge (e.g., honorable discharge) Using terms such as spouse, child, dependent
15 Choice Act Compliance: Revising In-state Tuition Policies Choice Act Policy Items to Remember: IHLs can always be more liberal than what the statute requires. IHLs can combine Michigan IHL VA-approved compliant Choice Act language with more liberal residency policies. Remember to account for individuals continuously enrolled beyond 3 years of discharge (so long as they are still using CH 30 or 33) Choice Act pertains to in-state tuition, not in-district tuition
16 Choice Act Compliance Assistance On behalf of MI schools MVAA/SAA can assist with Choice Act policy revisions prior VA review. MVAA/SAA is not authorized to approve policies Can provide guidance for language revisions Please send draft policies to address:
17 Choice Act Compliance Review Process MVAA has been designated to submit Choice Act policy submissions to VA on behalf of all MI public IHLs. The following information is requested with final VA policy review submissions: Official letter from school confirming compliance with Section 702 Provide reference of policy directive (Choice Act Policy Language) Point of Contact (Can be someone other than the person noted on the official letter) Submissions for VA review should be send to address: MVAA will copy IHLs on final policy review sent to the VA The VA will provide a written response to MVAA that an IHL meets compliance MVAA will forward VA compliance response/confirmation to IHLs upon receipt
18 MVAA and SAA Contacts Michigan State Approving Agency Education and Career Success Division - Workforce Development Agency Victor Office Center; 5th Floor 201 North Washington Square Lansing, MI Phone: Michigan Veteran Affairs Agency 222 N. Washington Sq., 5 th Floor Lansing, MI Phone: 800-MICH-VET mvaa-customerservice@michigan.gov
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