Cases & Developments

The American Council on Education (ACE) along with 24 higher education associations, sent comments to the Department of Veterans Affairs (VA) regarding the proposed rule to amend VA definitions relating to distance learning and independent study. The comments express concern about both the VA’s proposed definitions and the consequences of updating definitions through current regulations. The associations note that the proposed definitions do not fully align with existing Department of Education definitions and further do not differentiate between modality and curriculum. The associations further expressed concern regarding expanding GI Bill access to unaccredited, online non-college degree programs as this would represent a significant policy change and merits further discussion. The comments conclude by recommending that the VA withdraw its proposed rule and work with Congress and the Higher Education community to modernize the definitions while maintaining guardrails for program quality and integrity.

The American Council on Education (ACE), along with 18 other higher education associations, filed an amicus brief supporting a request to stay August 27, 2025 policy guidance from the VA significantly limiting veterans’ education benefits. Specifically, the policy limits the education benefits of otherwise-qualified veterans and their dependents under the Post-9/11 and Montgomery GI bills to 36 months, despite the U.S. Supreme Court’s ruling in Rudisill v McDonough that veterans eligible under both programs are entitled to receive up to 48 months of combined benefits. Petitioners in the underlying case have asked the court to vacate or set aside the rules as arbitrary, capricious, in excess of statutory authority, and contrary to law.