[Oacrao-l] Updated Residency Guidance on VA Chapter 31 Benefit Recipients

[Archer, Daniel]

OACRAO Colleagues,

Based on a recent guidance document released by the Department of Veteran Affairs (VA), an update to the OACRAO listserv guidance issued on January 24, 2019 (see attached) is needed.

As background, the OACRAO listserv guidance was based on public law 115-251, which amended section 3679(c) of Title 38 of the United States Code.  The amendments to 3679(c) outline the criteria that chapter 31 (Vocational Rehabilitation and Employment) VA benefit recipients must meet to qualify for in-state status.

After reviewing the VA guidance document, it has been determined that the first bullet in the attached OACRAO listserv message, which requires a student to have been discharged or released from a period of not fewer than ninety (90) days of active duty uniformed service, less than five (5) years before the date of enrollment in the course(s) concerned, does not apply to Chapter 31 VA benefit recipients.

Therefore, a chapter 31 VA benefit recipient will be eligible for in-state status if he/she files with the institution within the State System at which the student intends to register a letter of intent to establish residence in the state and resides in the state while enrolled in the institution.

As a reminder, this law goes into effect for courses, semesters, or terms beginning after March 1, 2019.  Later this Spring, the State Regents' In-State/Out-of-State Status of Enrolled Students policy will be updated to reflect this guidance.

In the meantime, to ensure compliance with the federal law, please make sure to reclassify the residency status of any out-of-state student who:
1) files with the institution within the State System at which the student intends to register a letter of intent to establish residence in the state and resides in the state while enrolled in the institution;
2) is using educational assistance chapter 31; and
3) is enrolled in any courses, semesters, or terms beginning after March 1, 2019.

Lastly, it should be noted that this guidance only impacts chapter 31 VA benefit recipients.  Therefore, the existing policy criteria that are required for chapter 30 and 33 VA benefit recipients to qualify for in-state status remains the same.

Please let me know if you have any questions.

Have a great week,

Daniel Archer, Ed.D.
Assistant Vice Chancellor for Academic Affairs
Oklahoma State Regents for Higher Education
655 Research Parkway
Oklahoma City, OK  73104
Phone: (405) 225-9142

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