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VA RIN: 2900-AR56 Publication ID: Fall 2023 
Title: Amendments to 85/15 Rule Calculations, Waiver Criteria, and Reports 

The Department of Veterans Affairs (VA) is amending its educational assistance regulations by eliminating the four 85/15 rule calculation exemptions for students in receipt of certain types of institutional aid. Currently, VA regulations provide exceptions that allow certain categories of students to be considered non-supported for purposes of the 85/15 rule notwithstanding their receipt of institutional aid. One of the provisions is to eliminate these exceptions, thus clarifying the types of scholarships that educational institutions must include in their calculations of supported students. Also, another provision will revise the criteria that shall be considered by the Director of Education Service when granting an 85/15 rule compliance waiver. Lastly, VA is amending the timeline for certain educational institutions’ submission of 85/15 compliance reports.

Agency: Department of Veterans Affairs(VA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 38 CFR 21.4201   
Legal Authority: 38 U.S.C. 3680A(d)    38 U.S.C. Ch. 31    38 U.S.C. Ch. 35    10 U.S.C. 2141    5 U.S.C. 605(b)   
Legal Deadline:  None
Action Date FR Cite
NPRM  10/11/2022  87 FR 61248   
NPRM Comment Period End  12/12/2022 
Final Action  12/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Cheryl Amitay
Chief, Policy and Regulation Development Staff (225C), Education Service
Department of Veterans Affairs
810 Vermont Avenue NW,
Washington, DC 20420
Phone:202 461-9700