ACE and more than 20 other higher education associations have urged the Department of Veterans Affairs (VA) to withdraw a proposed rule that would change how the agency defines “distance learning” and “independent study” for GI Bill programs. The VA published the proposed rule on Sept. 3, which among other things recommends amending definitions of “independent study,” “distance learning,” and “resident learning,” and adding a new “standard curriculum” category. The rule is intended to clarify which educational programs qualify for GI Bill benefits and which state agencies have the authority to approve them. The proposal comes as the VA continues implementing the Supreme Court’s Rudisill decision, which expanded veterans’ eligibility for education benefits.
In comments submitted to the VA, the associations warned that the proposal could create confusion across federal agencies and expand the responsibilities of state offices that approve GI Bill programs, potentially weakening oversight and reducing protections for veterans. Under current law, each state has a State Approving Agency (SAA) that determines which programs are eligible for GI Bill benefits.
The proposed rule would broaden the VA’s definition of “distance learning” to include unaccredited online programs and short-term non-college degree courses. In effect, it would allow SAAs to approve these programs for GI Bill use for the first time. ACE and its partners cautioned that such a change could expose veterans to low-quality or predatory programs and undermine long-standing guardrails that protect both students and taxpayers.
The associations also noted that the VA’s proposed definitions differ from those used by the Department of Education, which recently completed an extensive process to modernize its own distance education regulations. They recommended that the VA work with Congress, the Department of Education, and the higher education community to modernize definitions in a coordinated way that preserves quality and integrity.
The comments were submitted jointly by a broad coalition of national higher education associations representing two- and four-year institutions, public and private colleges and universities, and other organizations focused on student success and program integrity.