Veterans Health Care and Benefits Improvement Act of 2020

I. PURPOSE AND HISTORY

The Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (“Act” or “Isakson and Roe”) adds to and modifies chapters of the U.S. Code’s Title 38, Veterans’ Benefits. The Act expands the oversight of the Department of Veterans Affairs (the “Department”) and redefines some Department offerings. In December 2021, the Responsible Education Mitigating Options and Technical Extensions Act (“REMOTE Act”) provided exceptions to several of the requirements imposed by Isakson and Roe.

II. APPLICABILITY TO BYU

Title 38 imposes numerous requirements on educational institutions (“Institutions”), including private universities. As an Institution that participates in federal programs offering veterans benefits and serving eligible students, BYU is subject to the Act.

III. BRIEF SUMMARY OF REQUIREMENTS AND PENALTIES

The information below describes an Institution’s obligations under Isakson and Roe. Institutions using a form or template developed by the U.S. Department of Education are exempt from some of these requirements pursuant to the REMOTE Act. For a discussion of these exemptions, please refer to Section IV of this memo.

A. Enrollment Verification

Institutions enrolling students who receive benefits for a course or program under post-9/11 educational assistance must submit verification of enrollment for each student receiving benefits to the Secretary of Veterans Affairs (“Secretary”). The verification must be submitted by the last date on which a student is able to withdraw from the course or program without penalty. Students receiving benefits are required to submit a monthly enrollment verification.

There is no penalty specified for an Institution’s failure to submit a verification, although other general penalties may apply.

B. Shopping Sheet

Institutions must provide eligible students with a form (known as a “shopping sheet”) containing

• tuition and fees,
• cost of living,
• financial aid options (including veteran financial aid),
• estimates of post-graduation debt,
• graduation and job-placement rates,
• transfer credit acceptance,
• requirements for obtaining licensure or certification in a course of study, and
• any other information to facilitate making comparisons to other schools.

Institutions must update pre-enrollment information provided to students within fifteen days of a change in tuition and fees.

If an Institution violates this requirement, the Secretary may publish a warning on the Department’s website describing how the Institution is failing to meet its obligations. The Secretary may also suspend or revoke prior approval of courses and programs offered by the Institution.

C. Required Policies

Institutions must maintain policies about student financing; automatic renewal in and accreditation of courses and programs; graduation requirements and timelines, including when courses are offered; and accommodations for calls to active duty.

Violations of this requirement carry the same penalties as those described in Section III(B).

D. Point of Contact

Institutions must designate an employee to serve as the point of contact for eligible students and their families needing help with academic, family, or disability counseling; or needing information about courses.

Violations of this requirement carry the same penalties as those described in Section III(B).

E. Overpayments

An overpayment to an eligible student constitutes an Institution’s liability to the federal government if the Secretary finds the overpayment was the result of

• the Institution’s willful or negligent failure to report excessive absences, discontinuance or interruption of a course by an eligible student;
• the Institution’s willful or negligent false certification; or
• benefit payments sent to an Institution pursuant to certain Title 38 sections.

As a penalty, Institutions are liable for overpayments, and the debt is recoverable by the federal government as any other debt. Institutions may also be subject to civil or criminal penalties associated with overpayments.

F. Advertising and Enrollment Prohibitions

Institutions are prohibited from misrepresenting any part of the educational enterprise in advertising or recruiting. Recruiting incentives are limited to recruiting foreign students not eligible for federal aid. Institutions must maintain copies of recruiting, advertising, and enrollment materials for two years.

Penalties for violating these requirements include

• investigations into misrepresentations and misconduct;
• online warnings; and
• suspension or revocation of course or program approvals.

G. Recruiting Tactic Restrictions

Institutions must avoid deceptive and persistent recruitment tactics, such as same-day recruitment and registration and extralegal incentives for recruiters or third parties. Institutions must also avoid negative accreditation actions, such as sanctions or probation.

Violations of this requirement carry the same penalties as those described in Section III(B).

H. Waivers

An Institution may submit a request for the U.S. Department of Education to waive the requirements listed in Sections III(B), (C), and (D), or III(G) for one academic year. An Institution may not receive a waiver for more than two consecutive academic years. If an Institution meets the exemption listing in Section III(H), this waiver is unnecessary.

The Department may waive the verification requirements in Section III(A) if the Secretary determines an Institution uses a flat tuition and fee structure that would make the student’s verification unnecessary.

IV. EXCEPTIONS

Under the REMOTE Act, an Institution is not required to comply with certain Isakson and Roe if it uses a form or template developed by the U.S. Department of Education to convey cost information to covered students. Use of the Department of Education’s College Financing Plan Tool qualifies as a form or template developed by the U.S. Department of Education. Institutions using the College Financing Plan Tool are not required to comply with the following requirements:

• Shopping Sheet (Section III (B))
• Required Policies (Section III (C))
• Point of Contact (Section III (D))
• Recruiting Tactic Restrictions (Section III (G))

However, Institutions using the College Financing Plan Tool must still adhere to the following requirements:

• Enrollment Verification (Section III (A))
• Overpayments (Section III (E))
• Advertising and Enrollment Prohibitions (Section III (F))

V. COMPLIANCE CALENDAR

Institutions must update pre-enrollment information provided to students within fifteen days of a change in tuition and fees.

Institutions must verify enrollments of eligible students after the date when students enroll and before the last date when students can withdraw without penalty.

VI. REFERENCES AND RESOURCES

The following table provides information regarding this law and its applicability.