[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Rules and Regulations]
[Pages 72941-72956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29497]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 68
[Docket No. DOD-2009-OS-0034]
RIN 0790-AI50
Voluntary Education Programs
AGENCY: Office of the Under Secretary of Defense for Personnel and
Readiness, DoD.
ACTION: Final rule.
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SUMMARY: In this final rule, the Department of Defense (DoD) implements
policy, assigns responsibilities, and prescribes procedures for the
operation of voluntary education programs within DoD. Several of the
subject areas in this final rule include: procedures for Service
members participating in education programs; guidelines for
establishing, maintaining, and operating voluntary education programs
including, but not limited to, instructor-led courses offered on-
installation and off-installation, as well as via distance learning;
procedures for obtaining on-base voluntary education programs and
services; minimum criteria for selecting institutions to deliver higher
education programs and services on military installations; the
establishment of a DoD Voluntary Education Partnership Memorandum of
Understanding (MOU) between DoD and educational institutions receiving
tuition assistance payments; and procedures for other education
programs for Service members and their adult family members. The new
requirement for a signed MOU with DoD from participating educational
institutions will be effective 60 days following the publication of
this final rule in the Federal Register.
DATES: This rule is effective January 7, 2013.
FOR FURTHER INFORMATION CONTACT: For specific information on the new
DoD Voluntary Education Partnership MOU, go to the DoD MOU site at
http://www.dodmou.com. There is a ``feedback button'' where questions
and concerns can be emailed from Service members, education centers,
and institutions. Every email received through the automated feedback
button will be recorded, tracked, and resolved by the appropriate DoD
official. For general information concerning DoD Voluntary Education
Programs, send a written inquiry to Ms. Kerrie Tucker, at the Office of
the Under Secretary of Defense (Personnel & Readiness), Military
Community & Family Policy, State Liaison and Educational Opportunities,
4800 Mark Center Drive, Suite 14E08, Alexandria, Virginia 22350-2300 or
email: kerrie.tucker@osd.mil.
SUPPLEMENTARY INFORMATION:
Executive Summary
This final rule implements Voluntary Education Programs for
Military Service members. This rule includes educational programs that
enable Service members to earn a degree on their off-duty time.
Congress has held that men and women serving in the Armed Forces should
have at least the same opportunity to advance academically as do
civilians who remain outside the military.
Funding for Voluntary Education Programs is authorized by law and
is subject to the availability of funds from each Service. Voluntary
education programs include tuition assistance (TA) (per 10 U.S.C.
2007), which is administered uniformly across the Services. Subject to
appropriations, each Service pays no more than $250.00 per semester-
unit for tuition and fees combined. Each Service member participating
in off-duty, voluntary education is eligible for up to $4,500.00, in
aggregate, for each fiscal year. TA can only be used for courses
offered by postsecondary institutions accredited by a national or
regional accrediting body recognized by the U.S. Department of
Education.
A March 2011 Government Accountability Office report on the DoD TA
program recommended the Department take steps to enhance its oversight
of schools receiving TA funds. As a result, a DoD Memorandum of
Understanding (MOU) requirement was included in this rule, which is
designated not only to improve Departmental oversight but also to
account for our Service members' unique lifestyle requirements. The
purpose of the DoD MOU is to establish a partnership between the
Department and institutions to improve educational opportunities while
protecting the integrity of each institution's core educational values.
This partnership serves to ensure a quality, viable
[[Page 72942]]
program exists that provides for our Service members to realize their
educational goals, while allowing for judicious oversight of taxpayer
dollars.
Public Comments
The Department of Defense published a proposed rule on August 6,
2010 (75 FR 47504-47514). Twenty six submissions were received which
contained a total of 110 comments that were reviewed and considered.
However, a substantial number of the 110 comments were duplicative,
resulting in 35 actual comments. These 35 comments were grouped into
just 9 topics and addressed below.
Comment: We received a comment which recommended the document
recognize the potential for adjudications to arise, and that a long-
term point of contact be specified to address adjudication; this should
include, name, phone number and email address of the contact office.
Response: For tracking purposes, a ``feedback button'' was
developed on the DoD Voluntary Education Partnership MOU Web page to
specifically address questions and concerns from Service members,
education centers, and institutions. The homepage for DoD Voluntary
Education (http://apps.mhf.dod.mil/voled) also contains a link where
personnel can register their voluntary education concerns. Every entry
received through the automated feedback button will be recorded,
tracked, and resolved by the appropriate DoD official. For general
information concerning DoD Voluntary Education Programs, personnel can
send a written inquiry to Ms. Kerrie Tucker, at the Office of the Under
Secretary of Defense (Personnel & Readiness), Military Community &
Family Policy, State Liaison and Educational Opportunities, 4800 Mark
Center Drive, Suite 14E08, Alexandria, Virginia, 22350-2300 or email:
kerrie.tucker@osd.mil.
Comment: Several commenters addressed concerns about the new
requirement for schools to agree to participate in a `third party
review' process that will evaluate voluntary education programs and the
delivery of their educational opportunities to Service members. One
commenter requested additional information concerning a waiver to this
review. Since this review process will be contracted to a company
outside DoD, the selected contractor will be responsible for the
procedures connected with the actual review process which could include
a possible waiver process. Another commenter suggested the DoD
contracted `third party' evaluator(s) accompany the Distance Education
and Training Committee (DETC) accreditation committees since the vast
majority of DETC accredited distance education institutions are very
small with small enrollments of Service members. In the long run, this
may help to conserve DoD resources, give DoD a broader view of the
institution, and help institutions keep their tuitions low.
Response: The comments received have been noted; however the final
decision will be made by the selected DoD contractor for the complete
`third party review' process.
Comment: A commenter stated that the responsibilities on page
47508: under 68.5, section (g)(2), were not in concert with the earlier
section (d)(6), which states the Director of DANTES will serve ``as the
Executive Secretary at the Interservice Voluntary Education Board
meeting convened annually to review DANTES' programs * * *'' Since the
DANTES Director does not serve as the Executive Secretary at the other
quarterly meetings of the Interservice Voluntary Education Board, the
commenter suggested section (g)(2) be rewritten as noted in (d)(6) so
that the DANTES Director's Executive Secretary responsibilities do not
expand beyond the annual Board meeting convened to review the DANTES
mission and programs.
Response: This comment was accepted and the appropriate changes
were made, which included deleting section (g)(2) and keeping section
(d)(6) as is. However, the final rule lists the operational procedures
relating to DANTES in section 68.6
Comment: Multiple comments were received with alternative language
for the provision on tuition assistance and how it should be applied
with regards to various fees as stated on page 47508, under 68.6,
Procedures, section (a)(2)(ii)(D).
Response: Several recommended language alternatives were submitted
and a combination statement was developed. This section now includes
the following additional statement to the last sentence: ``* * *are
charged to all students and 100 percent refundable.''
Comment: The majority of the comments received focused on Appendix
A to part 68, section 4.a. on page 47512 on the `One Single Rate to TA'
and questions relating to the actual implementation, especially with
schools operating in several different states.
Response: The term `one single rate tuition rate' pertains to the
institution at a specific geographic location, not nationwide. The
intent of this paragraph is to ensure that all Service members (i.e.,
Soldiers, Airmen, Sailors, or Marines) attending the same institution,
at the same location, enrolled in the same course, be charged the same
amount of tuition assistance without regard to their Service component.
Additionally, if an institution has more than one mode of delivery for
their courses, the `one single tuition rate' will be the same for all
participating Service members without regard to their Service component
within each mode of delivery. Institutions with more than one campus
will sign one DoD Voluntary Education Partnership MOU from their home,
main, or parent campus, if that home, main, or parent campus signatory
is responsible of all of the campuses. A listing of the specific campus
locations will be included in the DoD MOU and provided by the home,
main, or parent campus signatory. However, if each campus operates as a
separate business entity for purposes such as handling third-party
payments, then each campus signatory will sign a separate DoD MOU.
Comment: A commenter questioned the verbiage in Appendix A to Part
68 (Paragraph 5b. (7)) concerning class cancellations. It currently
states: The institution will: ``Inform the installation education
advisor about class cancellations for classroom-based courses on
military installations no later than seven calendar days prior to the
beginning of the term.'' At the commenter's school, approximately 40%
of the registrations occur the week before the beginning of the term
and during the week the term starts. The proposed rule would result in
cancelling classes that, in their experience, the majority of which
would gain sufficient enrollment prior to class start. In view of the
above, suggest that the installation education advisor have the
flexibility to set the class cancellation policy based on the situation
at that installation.
Response: Suggestion to change the verbiage for this paragraph was
accepted and reads as follows: ``Inform the installation education
advisor about cancellations for classroom-based classes on military
installations per the guidelines set forth in the separate installation
MOU.''
Comment: A commenter requested clarification on the needs
assessment requirement stated in section 68.6, subsection (b)(1)(v) and
(b)(3)(v). As stated, it was unclear to the commenter who was
ultimately responsible for the administration of the needs assessment.
Response: The comment was accepted and clarification was added to
the referenced paragraphs which includes:
[[Page 72943]]
* * *periodic needs assessments conducted by the appropriate
installation official (normally the Education Services Officer) for
programs provided on the installation. The installation needs
assessment process is used to determine such items as staffing
requirements, course offerings, size of facilities, funding, or other
standards for delivery of educational programs.''
Comment: Several comments were received concerning the Service-
specific addendums. One commenter submitted a correction to the Navy
addendum for the address to mail an official transcript. Another
commenter suggested the Navy addendum be reworded concerning the
response time.
Response: The Navy address was corrected in Appendix E to Part 68,
2.c.(7) and paragraph 2.c.(5) now reads: ``Institutions will strive to
respond to email messages from students within a reasonable period of
time--generally within two workdays, unless extenuating circumstances
would justify additional time.''
Comment: Multiple narrative comments were received from the general
public which contained opinions, ideas, and observations, with no
concrete recommendations for valid changes. However, one commenter
stated, ``Recognition that any required indemnification by public
educational institutions in the MOU(s) may be limited by state and
governing board limits.''
Response: A new paragraph was added to section 68.6, Procedures,
paragraph (a)(16) which reads: ``To the extent that any provision of
the standard language of the DoD Voluntary Education Partnership MOU
template in appendices A, B, C, D, and E to this part, results from DoD
policy that conflicts with a state law or regulation, the DASD(MCFP)
may authorize amending the standard language of the DoD Voluntary
Education Partnership MOU template on a case-by-case basis to the
extent permissible by Federal law or regulation.''
Additional clarifications were made in the final rule based on
comments received from the Institutions during the implementation
process of the DoD Voluntary Education Partnership Memorandum of
Understanding (MOU). DoD received several concerns and apprehensions in
signing the DoD MOU from institutions of higher learning (IHLs). DoD
decided to work with the public stakeholders (American Council on
Education, IHLs, and key veteran and military service organizations) to
address these concerns by providing additional clarification to the
terminology contained in the DoD MOU. These clarifications use IHL
terminology instead of DoD language in the DoD MOU and definition of
terms in section 68.3.
The IHLs concerns included the following key provisions in the DoD
MOU contained in Appendix A to Part 68:
Adhering to the Servicemembers Opportunity Colleges (SOC)
Consortium Principles, Criteria, and Military Student Bill of Rights
(sections 3.e. and f.);
Waiving degree residency requirements (sections 3.e. and
f.);
Recognizing, accepting, and awarding military training and
education where appropriate (sections 3.e. and f.); and
Providing an evaluated education plan to military students
(section 4.c.); DoD extended the deadline for IHLs to sign the DoD MOU
to 60 days following the publication of this final rule in the Federal
Register to provide the IHLs with sufficient time to reassess the
agreed-upon terminology. All of the concerns from the IHLs were
addressed, however the DoD MOU is voluntary and as such, DoD cannot
mandate that a postsecondary institution sign. If there are
institutions that choose not to participate in the Military Tuition
Assistance Program, the Military Services will assist Service members
to find schools that have the same program and will transfer credits
the Service members have already earned. They will also provide
counseling to assist them in identifying additional or alternative
funding.
The changes listed below are contained in the final rule and
include the following main recommendations:
The addition of paragraph (b) in section 68.1, Purpose.
Although the content for this paragraph was already stated in section
68.6, Procedures, paragraph (a)(15), it was not stated in the `Purpose'
of this part. In the final rule, paragraph (b) in section 68.1 of this
part states the new policy, which requires a signed DoD MOU from
educational institutions providing education programs through the DoD
TA Program.
To increase clarity connected with the duties relating to
the Interservice Voluntary Education Board and DANTES, the operational
procedures listed for both topics were moved from section 68.5,
``Responsibilities'' and consolidated into section 68.6,
``Procedures''. Previously, the proposed rule included operational
procedures for the Board and DANTES in sections 68.5 and 68.6 of this
part, which caused confusion to the reader.
DoD received recommendations to include an implementation
statement for the DoD MOU since the initial effective date of January
1, 2012, has passed. DoD also received requests to provide educational
institutions with sufficient time to coordinate the DoD MOU through
their legal and supervisory channels. The final rule now states a
signed MOU with DoD from participating educational institutions will be
effective 60 days following the publication of this final rule on the
Federal Register.
The U.S. Air Force and the U.S. Navy requested to delete
their indemnification paragraphs contained in Appendix B and Appendix E
to Part 68, due to conflicts with state laws for all of the public
institutions wanting to participate in the military TA program.
Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
It has been certified that 32 CFR part 68 is an economically
significant regulatory action. The rule has an annual effect on the
economy of $100 million or more.
The rule does not:
Adversely affect in a material way the economy; a section
of the economy; productivity; competition; jobs; the environment;
public health or safety; or State, local, or tribal governments or
communities;
Create a serious inconsistency or otherwise interfere with
an action taken or planned by another Agency;
Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs, or the rights and obligations of
recipients thereof; or
Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
these Executive Orders.
Funding for Voluntary Education Programs is authorized by law and
is subject to the availability of funds from each Service. Voluntary
education programs include tuition assistance (per section 2007 of
title 10, United States Code), which is administered uniformly across
the Services. As per the National Defense Authorization Act (NDAA)
FY08, each of the Services may also provide TA to activated Service
members of the Selected Reserves and Individual Ready Reserve. For
Fiscal Year 2010 (FY10), the Services executed approximately $800
million for Off-Duty and Voluntary Education Programs. This total
amount included tuition assistance costs of approximately
[[Page 72944]]
$542M. The Services have currently budgeted the same amount for FY11
tuition assistance costs.
Sec. 202, Pub. L. 104-4, ``Unfunded Mandates Reform Act''
It has been certified that 32 CFR part 68 does not contain a
Federal mandate that may result in expenditure by State, local and
tribal governments, in aggregate, or by the private sector, of $100
million or more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that 32 CFR part 68 is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. The rule updates policy and procedures for the
voluntary education programs within DoD for Service members and their
adult eligible family members. Guidance on voluntary education programs
is available through the Education Centers located on military
installations.
Public Law 96-511, ``Paperwork Reduction Act''
It has been certified that 32 CFR part 68 does not impose reporting
or recordkeeping requirements under the Paperwork Reduction Act of
1995.
Executive Order 13132, ``Federalism''
It has been certified that 32 CFR part 68 does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
The States;
The relationship between the National Government and the
States; or
The distribution of power and responsibilities among the
various levels of Government.
List of Subjects in 32 CFR Part 68
Adult education, Armed forces, Colleges and universities,
Education, Educational study programs, Government contracts, Military
personnel, Student aid.
Accordingly, 32 CFR part 68 is added to read as follows:
PART 68--VOLUNTARY EDUCATION PROGRAMS
Sec.
68.1 Purpose.
68.2 Applicability.
68.3 Definitions.
68.4 Policy.
68.5 Responsibilities.
68.6 Procedures.
Appendix A to Part 68--DOD Voluntary Education Partnership
Memorandum of Understanding (MOU) Between DOD Office of the Under
Secretary of Defense For Personnel and Readiness (USD(P&R)) and
[Name of Educational Institution]
Appendix B to Part 68--Addendum for Education Services Between [Name
of Educational Institution] and the U.S. Air Force
Appendix C to Part 68--Addendum for Education Services Between [Name
of Educational Institution] and the U.S. Army
Appendix D to Part 68--Addendum for Education Services Between [Name
of Educational Institution] and the U.S. Marine Corps
Appendix E to Part 68--Addendum for Education Services Between [Name
of Educational Institution] and the U.S. Navy
Authority: 10 U.S.C. 2005, 2007.
Sec. 68.1 Purpose.
This part:
(a) Implements policy, assigns responsibilities, and prescribes
procedures for the operation of voluntary education programs in the
Department of Defense.
(b) Establishes new policy stating criteria for tuition assistance
(TA) and the requirement for a memorandum of understanding (MOU) from
all educational institutions providing educational programs through the
DoD TA Program.
(c) Establishes the Interservice Voluntary Education Board.
Sec. 68.2 Applicability.
This part applies to the Office of the Secretary of Defense, the
Military Departments, the Office of the Chairman of the Joint Chiefs of
Staff and the Joint Staff, the Combatant Commands, the Office of the
Inspector General of the Department of Defense, the Defense Agencies,
the DoD Field Activities, and all other organizational entities within
the Department of Defense (hereafter referred to collectively as the
``DoD Components'').
Sec. 68.3 Definitions.
The following terms and their definitions are for the purpose of
this part:
Academic. Having to do with general or liberal arts education,
rather than technical or vocational.
Academic skills. Competencies in English, reading, writing,
speaking, mathematics, and computer skills that are essential to
successful job performance and new learning. Also referred to as
functional or basic skills.
Active Guard and Reserve (AGR). National Guard or Reserve members
of the Selected Reserve (SELRES) who are ordered to active duty or
full-time National Guard duty for a period of 180 consecutive days or
more for the purpose of organizing, administering, recruiting,
instructing, or training the Reserve Component units or duties as
prescribed in 10 U.S.C. 12310. All AGR members must be assigned against
an authorized mobilization position in the unit they support. (Includes
Navy full-time support (FTS), Marine Corps Active Reserve (ARs), and
Coast Guard Reserve Personnel Administrators (RPAs)).
American Council on Education. The major coordinating body for all
of the Nation's higher education institutions. Seeks to provide
leadership and a unifying voice on key higher education issues and
publishes the ``Guide to the Evaluation of Educational Experiences in
the Armed Services.''
Annual TA Ceiling. The maximum dollar amount authorized for each
Service member for TA per fiscal year. Each Service member
participating in off-duty voluntary education programs shall be
entitled to the full amount authorized each fiscal year in accordance
with DoD policy.
Army/American Council on Education Registry Transcript System. An
automated official document generated by the Army/ACE Registry
Transcript System which can be sent directly from the Army American
Council on Education Registry Transcript System Center to the
educational institution to articulate a soldier's military experience
and training and the American Council on Education-recommended college
credit for this training and experience.
Degree requirements. A planning document provided by the
educational institution that outlines general required courses to
complete an educational program. The planning document presents the
general education and major-related course requirements, degree
competencies (e.g., foreign language, computer literacy), and elective
course options that students may choose for specified program of study.
Education advisor. A professionally qualified, subject matter
expert or program manager in the education field at the installation
education center. The following position titles may also be used for an
education advisor: Education Services Specialist, Education Services
Officer (ESO), Voluntary Education Director, Navy College Office
Director, and Education and Training Section (ETS) Chief.
Education center. A military installation facility, including
office space, classrooms, laboratories, and other features, that is
staffed with professionally qualified personnel and
[[Page 72945]]
to conduct voluntary education programs. For Navy, this is termed the
``Navy College Office.''
Educational plan. A planning document provided by the educational
institution that outlines general degree requirements for graduation.
Typically an educational plan presents the general education and major-
related course requirements, degree competencies (e.g., foreign
language, computer literacy), and elective course options that students
may choose for a specified program of study. This document is required
from the institution upon the successful completion of six semester
hours by the Service member at the institution.
Eligible adult family member. The adult family member, over the age
of 18, of an active duty, Reserve, National Guardsman, or DoD civilian
with a valid DoD identification card.
Evaluated educational plan. An official academic document provided
by the educational institution that:
(1) Articulates all degree requirements required for degree
completion or in the case of a non-degree program, all educational
requirements for completion of the program;
(2) Identifies all courses required for graduation in the
individual's intended academic discipline and level of postsecondary
study; and
(3) Includes an evaluation of all successfully completed prior
coursework, and evaluated credit for military training and experience,
and other credit sources applied to the institutional degree
requirements. For participating SOC Degree Network System institutions,
SOC Army Degrees, SOC Navy Degrees, SOC Marine Corps Degrees, or SOC
Coast Guard Degrees Student Agreement serves as this documented
educational plan.
Individual Ready Reserve (IRR). A manpower pool consisting
principally of individuals who have had training, have previously
served in the Active Component or in the SELRES, and have some period
of their military service obligation or other contractual obligation
remaining. Some individuals volunteer to remain in the IRR beyond their
military service or contractual obligation and participate in programs
providing a variety of professional assignments and opportunities for
earning retirement points and military benefits.
Military Voluntary Education Review (MVER). A third-party
evaluation of voluntary education programs covered by the DoD Voluntary
Education Partnership MOU.
Needs assessment. A process used to determine the staffing
requirements, course offerings, size of facilities, funding, or other
standards for delivery of educational programs.
Off-duty. Time when the Service member is not scheduled to perform
official duties.
Ready Reserve. Composed of military members of the Reserve and
National Guard, organized in units or as individuals, or both, and
liable for involuntary order to active duty in time of war or national
emergency pursuant to 10 U.S.C. 12310 and 12301 and 14 U.S.C. 712 in
the case of members of the Coast Guard Reserve. The Ready Reserve
consists of the SELRES, the IRR, and the Inactive National Guard.
Sailor/Marine American Council on Education Registry Transcript
System. An automated official document generated by the Sailor/Marine
American Council on Education Registry Transcript System, which can be
sent directly from the Sailor/Marine ACE Registry Transcript System
Operations Center to the educational institution to articulate a
Sailor's or Marine's military experience and training and the American
Council on Education recommended college credit for this training and
experience.
SELRES or Selected Reserve. Those units and individuals within the
Ready Reserve designated by their respective Service as essential to
wartime missions and must therefore maintain a higher priority over all
other Reserves. The SELRES includes Reserve unit members (including
members in the training pipeline and drilling Reservists in units),
Individual Mobilization Augmentees, and Active Guard/Reserve members.
Semester-hour TA Cap. The maximum dollar amount authorized for TA
per semester-hour credit. A Service shall pay no more than the
established DoD cap.
SOC or Servicemembers Opportunity Colleges. A consortium of over
1,800 colleges and universities, created in 1972 that seeks to enhance
the educational opportunities to Service members who may have
difficulty in completing college programs due to frequent military
moves.
TA or tuition assistance. Funds provided by the Military Services
or U.S. Coast Guard to pay a percentage of the charges of an
educational institution for the tuition of an active duty, Reserve or
National Guard member of the Military Services, or Coast Guard member,
enrolled in approved courses of study during off-duty time.
Top-Up. An option, under chapter 30 of the Montgomery G.I. Bill and
Post-9/11 G.I. Bill, that enables active duty Service members to
receive from the Department of Veterans Affairs those tuition and fee
costs that exceed the amount of TA provided to the Service member by
his or her Service.
Troops-to-Teachers program (TTT). A Department of Education program
administered by the DoD to help recruit quality teachers for schools
that serve low-income families throughout America. TTT helps relieve
teacher shortages, especially in math, science, special education, and
other high-needs subject areas, and assists military personnel in
making successful transitions to second careers in teaching.
Voluntary education programs. Continuing, adult, or postsecondary
education programs of study that Service members elect to participate
in during their off-duty time, and that are available to other members
of the military community.
Sec. 68.4 Policy.
It is DoD policy, consistent with DoD Directive 1322.08E, that:
(a) Members of the Military Services serving on active duty or
members of the Selected Reserve (SELRES) shall be afforded the
opportunity to complete their high school education through a state-
funded or Service component sponsored program, earn an equivalency
diploma, improve their academic skills or level of literacy, enroll in
career and technical education schools, receive college credit for
military training and experience in accordance with the American
Council on Education's ``Guide to the Evaluation of Educational
Experiences in the Armed Services'' (available at http://www.militaryguides.acenet.edu/), take tests to earn college credit,
and enroll in postsecondary education programs that lead to industry-
recognized credentials, and undergraduate and graduate degrees.
(b) Subject to the availability of funds, Service members' costs to
participate in the DoD Voluntary Education Program as authorized by
Section 2007 of title 10, United States Code (U.S.C.), shall be reduced
through financial support, including tuition assistance that is
administered uniformly across the Military Services.
(c) Information and counseling about voluntary education programs
shall be readily available and easy to access so that Service members
are encouraged to make maximum use of the educational opportunities
available.
(d) Institutions accredited by a national or regional accrediting
agency recognized by the U.S. Department of Education shall be
encouraged to provide degree programs on military installations and the
Military Services
[[Page 72946]]
shall facilitate their operations on the installations.
(e) To the extent that space is otherwise available, eligible adult
family members of Service members, DoD civilian employees and their
eligible adult family members, and military retirees may enroll in
postsecondary education programs offered on a military installation at
no cost to the individual Service TA programs.
Sec. 68.5 Responsibilities.
(a) Under Secretary of Defense for Personnel and Readiness
(USD(P&R)). The USD(P&R) shall:
(1) Monitor implementation of and ensure compliance with this part
and DoD Directive 1322.08E (see http://www.dtic.mil/whs/directives/corres/pdf/132208p.pdf).
(2) Establish rates of tuition assistance (TA) to ensure uniformity
across the Military Services as required by DoD Directive 1322.08E, DoD
Instruction (DoDI) 1322.25 (see http://www.dtic.mil/whs/directives/corres/pdf/132225p.pdf), and this part.
(3) Establish, under the provisions of DoDI 5105.18, the
Interservice Voluntary Education Board, which will be composed of full-
time or permanent part-time federal employees.
(4) Maintain a program to assess the effectiveness of the voluntary
education programs.
(5) Issue written guidance annually for the funding and operation
of the Defense Activity for Non-Traditional Education Support (DANTES).
(b) Assistant Secretary of Defense for Readiness and Force
Management (ASD(R&FM)). The ASD(R&FM), under the authority, direction,
and control of the USD(P&R) shall:
(1) Provide administrative assistance to the Deputy Assistant
Secretary of Defense for Military Community and Family Policy
(DASD(MCFP)), in support of the voluntary education programs.
(2) Respond to matters that are referred to by the DASD(MCFP).
(c) Deputy Assistant Secretary of Defense for Military Community
and Family Policy (DASD(MCFP)). The DASD(MCFP), under the authority,
direction, and control of the ASD(R&FM), shall:
(1) Monitor compliance with this part and DoD Directive 1322.08E
and related issuances by personnel under his or her authority,
direction, and control.
(2) Oversee the DoD Voluntary Education Program.
(3) Provide ongoing and routine clarifying guidance for the DoD
Voluntary Education Program.
(4) Provide representatives to professional education and cross-
agency panels addressing issues impacting the DoD Voluntary Education
Program, its regulatory scope, clientele, and partners.
(5) Designate the Voluntary Education Chief within the Office of
the DASD(MCFP) as the Chair of the Interservice Voluntary Education
Board and oversee implementation of Board and DANTES procedures as
detailed in Sec. 68.6 of this part.
(d) Assistant Secretary of Defense for Reserve Affairs (ASD(RA)).
The ASD(RA), under the authority, direction, and control of the
USD(P&R), shall:
(1) Monitor compliance with this part and DoD Directive 1322.08E
and related issuances by personnel under his or her authority,
direction, and control.
(2) Appoint a representative to serve on the Interservice Voluntary
Education Board.
(3) Arrange the assignment of, on a rotating basis, a field grade
officer, to serve as the Reserve Component Advisor to the Voluntary
Education Chief within the Office of DASD(MCFP).
(e) Secretaries of the Military Departments. The Secretaries of the
Military Departments shall:
(1) Monitor compliance with this part and DoD Directive 1322.08E
and related issuances.
(2) Establish, maintain, coordinate, and operate voluntary
education programs that encompass a broad range of educational
experiences including, but not limited to, academic skills development,
high school completion programs, career and technical education
programs, and programs leading to the award of industry-recognized
credentials, and undergraduate and graduate degrees.
(3) Require that sufficient funding is available to provide Service
members with TA support consistent with the requirements in section
68.6 and appendices A, B, C, D, and E to this part.
(4) Require that educational counseling is available to Service
members so they will have sufficient information and guidance to plan
an appropriate program of study.
(5) Require that voluntary education programs participate in the
established DoD third-party review process (i.e., MVER).
(i) The third-party review assesses the quality, delivery, and
coordination of the voluntary education programs provided to military
personnel on the installation, in the community, and via distance
learning (DL). It assists in improving the quality of the delivery of
these programs through recommendations to institutions, installations,
and the Military Services.
(ii) Waivers to the third-party review must be submitted to and
approved by the Voluntary Education Chief within the Office of the
DASD(MCFP).
(6) Provide one representative to serve on the Interservice
Voluntary Education Board responsible for their Services' voluntary
education policy from each of the following Military Services: Army,
Navy, Air Force, and Marine Corps. Each Service representative's
membership will be on a permanent basis and changed only when their
voluntary education policy position is changed.
(7) Assign, on a rotating basis, a senior enlisted Service member
in pay grade E-9 to serve as the DANTES enlisted advisor.
(8) Require that military test control officers and test centers
comply with the guidance and procedures published in the DANTES
Examination Program Handbook, available at http://www.dantes.doded.mil/Sub%20Pages/Exams/Docs/DEPH_part1.pdf.
(9) Require that personnel who provide counseling, advice, and
program management related to voluntary education programs have access
to the DoD Voluntary Education homepage and other Web sites so they can
provide current and accurate information to Service members.
(10) Provide opportunities for Service members to access the
Internet, where available, to enroll in and complete postsecondary
courses that are part of their approved educational plan leading to an
educational goal.
(f) Secretary of the Navy. The Secretary of the Navy, as the DoD
Executive Agent (DoD EA) for DANTES pursuant to DoD Directive 1322.08E
and DoD Directive 5101.1, and in addition to the responsibilities in
Sec. 68.5 of this part of this section, shall:
(1) Transmit annual guidance issued by the USD(P&R) to DANTES.
(2) Require that the Director, DANTES, provide updates on DANTES
plans, operations, and activities to the USD(P&R).
(3) Through its civilian personnel system, advertise the position
of Director, DANTES, when the position is vacated and appoint the
Director, DANTES, in accordance with the procedures outlined in Sec.
68.6.
Sec. 68.6 Procedures.
(a) TA for Service members participating in education programs. (1)
TA shall be available for Service members participating in high school
completion and approved courses from accredited undergraduate or
graduate
[[Page 72947]]
education programs or institutions. Approved courses are those that are
part of an identified course of study leading to a postsecondary
certificate or degree and non-degree oriented language courses integral
to the Defense Language Transformation Roadmap (available at http://www.defense.gov/news/Mar2005/d20050330roadmap.pdf).
(i) Use of TA for non-degree oriented language courses is limited
to those published by the Under Secretary of Defense (P&R) on the DoD
Strategic Language List.
(ii) Dominant-in-the-force languages and languages deemed by DoD as
already having sufficient strategic capacity authorized will not be
funded under section 2007, except for assignments outside the
continental United States.
(2) TA shall be applied as follows:
(i) For 100 percent of the cost of approved high school completion
programs for Service members who have not been awarded a high school or
equivalency diploma and who are enrolled in such programs.
(ii) In support of the voluntary education and training of active
duty Service members during their off-duty periods, each Military
Service shall pay all or a portion, as specified in paragraphs
(a)(2)(ii)(A) through (F) of this section, of the charges of an
educational institution for education and training during the member's
off-duty periods.
(A) When an institution's charges are up to or less than the limit
of per semester-hour of credit or its equivalent, as specified in DoDI
1322.25, the responsible Service shall pay the entire amount charged by
the institution. In computing credit equivalency, the following
conversions shall apply: 1 quarter-hour credit = \2/3\ semester-hour
credit; and 45 contact hours shall be considered equivalent to one
semester-hour credit when neither semester- nor quarter-hours are
specified for the education or training for which the Service member is
enrolled.
(B) When an institution's charges exceed the per semester-hour of
credit, or its equivalent limit as specified in DoDI 1322.25,the
responsible Service shall pay no more than the specified limit per
semester-unit for tuition and fees combined.
(C) Each Service member participating in off-duty, voluntary
education shall be allowed up to the fiscal year limit amount specified
in DoDI 1322.25.
(D) Covered charges include those that are submitted to the Service
by the educational institution for tuition, instructional fees,
laboratory fees, computer fees, and other fees directly related to the
specific course enrollment of that member in that educational
institution, are charged to all students, and 100 percent refundable.
(E) TA funds are not to be used for the purchase of books.
Additionally, institutional education revenue generated from military
TA funds cannot be used to support textbook grants or scholarships.
(F) To be eligible to receive TA, a Service member must meet the
minimum requirement of successfully completing basic training. Reserve
Component members are exempt from the requirement to first attend basic
training before authorized to receive TA. Additional, respective
Service requirements must be met to include training qualification,
unit assignment, and time in service criteria.
(iii) The TA rate, credit cap, and annual per capita ceiling, shall
be reviewed periodically in consideration of inflation and other
effects, and shall be applicable uniformly whether instruction is
delivered traditionally in-the-classroom or through distance education.
Rates of TA other than as identified in paragraphs (a)(2)(ii)(A)
through (F) of this section are not authorized.
(3) TA is available to a commissioned officer on active duty, other
than an officer serving in the Ready Reserves (addressed in paragraphs
(4)(i) and (5)(i) of this section), only if the officer agrees to
remain on active duty, for a period of at least two years after the
completion of the education or training for which TA was paid (see 10
U.S.C. 2007).
(4) The Secretary of the Military Department concerned may only
make TA available to a member of the SELRES, pursuant to 10 U.S.C.
2007, under the following conditions:
(i) In the case of a commissioned officer, the officer must agree
to remain a member of the SELRES for at least four years after
completion of the education or training for which TA is paid.
(ii) In the case of an enlisted member, the Secretary concerned may
require the member of the SELRES to enter into an agreement to remain a
member of the SELRES for up to four years after completion of the
education or training for which TA is paid.
(5) The Secretary of the Military Department concerned may only
make TA available to a member of the IRR who has a military
occupational specialty designated by the Secretary concerned pursuant
to 10 U.S.C. 2007 and only under the following conditions:
(i) In the case of a commissioned officer, the officer must agree
to remain a member of the SELRES or IRR for at least four years after
completion of the education or training for which TA was paid.
(ii) In the case of an enlisted member, the Secretary concerned may
require the member of the IRR to enter into an agreement to remain a
member of the IRR for up to four years after completion of the
education or training for which TA is paid.
(6) Members performing Active Guard and Reserve (AGR) duty under
either 10 U.S.C. 12310 or active duty under 14 U.S.C. 712 are eligible
for TA under paragraph (a)(4) of this section.
(7) The Secretary of the Military Department concerned may make TA
available to National Guard members in accordance with paragraph
(a)(4), except for National Guard members assigned to the Inactive
National Guard.
(8) Reimbursement and repayment requirements:
(i) If a commissioned officer or member of the RR does not fulfill
a specified Service obligation as required by section 2007 of 10
U.S.C., they are subject to the repayment provisions of section 303a(e)
of title 37 U.S.C.
(ii) For other conditions pursuant to 10 U.S.C. 2005, the Secretary
concerned may require a Service member to enter into a written
agreement when providing advanced education assistance. If the Service
member does not fulfill any terms or conditions as prescribed by the
Secretary concerned, the Service member will be subject to the
repayment provisions of 37 U.S.C. 303a(e).
(iii) Pursuant to 37 U.S.C. 303a(e), the Secretary concerned may
establish procedures for determining the amount of the repayment
required from the Service member and the circumstances under which an
exception to the required repayment may be granted.
(iv) Reimbursement will be required from the Service member if a
successful course completion is not obtained. For the purpose of
reimbursement, a successful course completion is defined as a grade of
``D'' or higher for undergraduate courses, a ``C'' or higher for
graduate courses and a ``Pass'' for ``Pass/Fail'' grades. The Secretary
of the Military Department will establish recoupment processes for
unsuccessful completion of courses.
(9) Students using TA must maintain a cumulative grade point
average (GPA) of 2.0 or higher after completing 15 semester hours, or
equivalent, in undergraduate studies, or a GPA of 3.0 or higher in
graduate studies on a 4.0 grading scale.
(10) TA shall not be authorized for any course for which a Service
member receives reimbursement in whole or in
[[Page 72948]]
part from any other Federal source when the payment would constitute a
duplication of benefits. Academic institutions have the responsibility
to notify the Service if there is any duplication of benefits,
determine the amount of credit that should be returned, and credit the
amount back to the Service. The use of funds related to veterans'
benefits to supplement TA received by active duty and Reserve component
personnel is authorized in accordance with applicable U.S. Department
of Veterans Affairs guidelines.
(11) Pell Grants may be used in conjunction with TA assistance,
including their use to pay that portion of tuition costs not covered by
TA.
(12) TA shall be provided for courses provided by institutions
awarding degrees based on demonstrated competency, if:
(i) Competency rates are equated to semester or quarter units of
credit, and
(ii) The institution publishes traditional grade correlations with
``Pass/Fail'' grades, and
(iii) The institution provides a breakdown by course equivalent for
Service members.
(13) Enrollment in a professional practicum integral to these types
of programs is also authorized. However, normal DoD TA caps and
ceilings apply; the cost of expanded levels of enrollment over and
above these enrollment levels and normal caps and ceilings must be
borne by the student.
(14) When used for postsecondary training or education, TA shall be
provided only for courses offered by postsecondary institutions
accredited by a national or regional accrediting body recognized by the
U.S. Department of Education.
(15) Sixty days following the publication of this part in the
Federal Register, to receive TA, an institution's home campus must be a
signatory of the DoD Voluntary Education Partnership Memorandum of
Understanding (MOU) in appendices A, B, C, D, and E to this part, and
the MOU must be posted on the DoD Web site. One DoD Voluntary Education
Partnership MOU with the institution's home campus will cover any
program offered by the institution, regardless of location.
(16) To the extent that any provision of the standard language of
the DoD Voluntary Education Partnership MOU template in appendices A,
B, C, D, and E to this part, results from DoD policy that conflicts
with a state law or regulation, the DASD(MCFP) may authorize amending
the standard language of the DoD Voluntary Education Partnership MOU
template on a case-by-case basis to the extent permissible by Federal
law or regulation.
(b) Guidelines for establishing, maintaining, and operating
voluntary education programs. (1) Education programs established under
this part by each Military Service shall:
(i) Provide for the academic, technical, intellectual, personal,
and professional development of Service members, thereby contributing
to the readiness of the Military Services and the quality of life of
Service members and their families.
(ii) Increase Service members' opportunities for advancement and
leadership by reinforcing their academic skills and occupational
competencies with new skills and knowledge.
(iii) Lead to a credential, such as a high school diploma,
certificate, or college degree, signifying satisfactory completion of
the educational program.
(iv) Include an academic skills program, which allows personnel to
upgrade their reading, writing, computation, and communication
abilities in support of academic skills and military occupations and
careers. Academic skills programs may include English as a Second
Language and basic science.
(v) Include programs and college offerings that support findings
from periodic needs assessments conducted by the appropriate
installation official (normally the Education Services Officer) for
programs provided on the installation. The installation needs
assessment process is used to determine such items as staffing
requirements, course offerings, size of facilities, funding, or other
standards for delivery of educational programs. Duplication of course
offerings on an installation should be avoided. However, the
availability of similar courses through correspondence or electronic
delivery shall not be considered duplication.
(vi) Be described in a publication or on-line source that includes
on-installation educational programs, programs available at nearby
installations, and colleges and universities nearby the installation.
(2) Each Military Service, in cooperation with community
educational service providers, shall provide support essential to
operating effective education programs. This support includes:
(i) Adequate funds for program implementation, administration, and
TA.
(ii) Adequately trained staff to determine program needs, counsel
students, provide testing services, and procure educational programs
and services.
(iii) Adequate and appropriate classroom, laboratory, and office
facilities and equipment, including computers.
(iv) Access to telecommunications networks, computers, and
libraries at times convenient to active duty personnel.
(3) In operating its programs, each Military Service shall:
(i) Provide to newly assigned personnel, as part of their
orientation to each new installation or unit of assignment for Reserve
component personnel, information about voluntary education programs
available at that installation, unit, or State for RC personnel.
(ii) Maintain participants' educational records showing education
accomplishments and educational goals.
(iii) Provide for the continuing professional development of their
education services staff, including the participation of field staff in
professional, as well as Service-sponsored, conferences, symposiums,
and workshops.
(iv) Provide educational services, including TA counseling,
academic advice and testing to their personnel and to personnel of
other Services (including the U.S. Coast Guard when operating as a
service in the Navy) who are assigned for duty at installations of the
host Service.
(v) Continually assess the state of its voluntary education
programs and periodically conduct a formal needs assessment by the
appropriate installation official (normally the Education Services
Officer) to ensure that the best possible programs are available to
their members at each installation or in their State or area command
for RC personnel. It is essential that a formal needs assessment be
conducted if there is a significant change in the demographic profile
of the installation population.
(4) Eligible adult family members of Service members, DoD civilian
employees and their eligible adult family members, and military
retirees may participate in installation postsecondary education
programs on a space-available basis at no cost to the individual
Service TA programs.
(5) At locations where an educational program that is offered on an
installation is not otherwise conveniently available outside the
installation, civilians who are not directly employed by the DoD or
other Federal agencies, and who are not eligible adult family members
of DoD personnel, may be allowed to
[[Page 72949]]
participate in installation educational programs. While such
participation contributes to positive community relations,
participation must be on a student-funded, space-available basis at no
cost to the individual Service TA programs, after the registration of
Service members, DoD civilian employees, eligible adult family members,
and military retirees. Additionally, a review of these potential
participants by the relevant installation ethics counselor may be
required as part of the installation commander's access requirements if
the educational institution has been approved to operate on the base.
Participation may also be subject to the terms of status-of-forces or
other regulating agreements.
(6) Education centers and Navy College offices shall maintain
liaison with appropriate State planning and approving agencies and
coordinating councils to ensure that planning agencies for continuing,
adult, or postsecondary education are aware of the educational needs of
military personnel located within their jurisdiction.
(7) In supporting a high school completion program, each Military
Service shall:
(i) Ensure that all Service members with less than a high school
education have the opportunity to attain a high school diploma or its
equivalent.
(ii) Ensure that neither a Military Service nor DANTES issues a
certificate or similar document to Service members based on performance
on high school equivalency tests. Military Services shall recognize
attainment of high school completion or equivalency only after a State-
or territory-approved agency has awarded the appropriate credential.
(iii) Pay 100 percent of the cost of high school equivalency
instruction or proficiency testing and credentialing for Service
members.
(iv) Ensure that Service sponsored high school diploma programs are
delivered by institutions that are accredited by a regional accrediting
body or recognized by a State's secondary school authority.
(c) Procedures for obtaining voluntary education programs and
services on military installations. (1) Educational institutions
interested in providing education and training opportunities on a
military installation will provide their proposals to the installation
education advisor, who will review and analyze these proposals on
behalf of the installation commander.
(2) To obtain viable educational programs on a military
installation, the installation education advisor shall communicate the
installation's educational needs to a wide variety of potential
providers.
(3) A military installation seeking to obtain educational programs
shall provide to interested providers:
(i) The level of instruction desired and specific degree programs
being sought.
(ii) A demographic profile of the installation population and
probable volume of participation in the program.
(iii) Facilities (availability of space), equipment, supporting
services that the installation will provide without charge, and level
of security that can be expected.
(iv) A copy of this part.
(v) Special requirements such as:
(A) Format (e.g., distance, evening, or weekend classes),
independent study, short seminar, or other mode of delivery of
instruction.
(B) Unique scheduling problems related to the operational mission
of the installation.
(C) Any installation restrictions, limitations, or special
considerations relevant to using an alternate delivery system (DL,
etc.).
(D) Available computer hardware and supporting equipment.
(E) Electrical, satellite, and network capabilities at the site.
(5) A Military Service considering an alternate delivery provider
shall ascertain:
(i) If students will need special training or orientation for
special courses or programs or for alternate delivery methods (DL,
etc.) and, if so, how students will receive such orientation.
(ii) What electronic equipment and technical support are necessary
at local sites.
(iii) If it will be necessary to have on-site facilitators.
(6) In evaluating proposals, potential providers must meet, at a
minimum, the following criteria:
(i) Programs satisfy objectives defined by the most recent needs
assessment.
(ii) Programs, courses, and completion requirements are the same as
those at the provider's main administrative and academic campus.
(iii) The institution granting undergraduate academic credit must
adhere to the Servicemembers Opportunity Colleges (SOC) Consortium
Principles and Criteria (available at http://www.soc.aascu.org/socconsortium/PublicationsSOC.html) regarding the transferability of
credit and the awarding of credit for military training and experience.
(iv) The provider is prepared to offer academic counseling and
flexibility in accommodating special military schedules.
(v) Institutions agree to sign the DoD Voluntary Education
Partnership MOU.
(7) In evaluating proposals, potential alternative delivery
providers must meet, at a minimum, the following additional criteria:
(i) Documentation shows that courses offered using the alternative
delivery mode have been used successfully for at least two years.
(ii) The program and delivery method address the needs of the
population to be served.
(iii) Support systems exist to back up the delivery method.
(iv) Institutions agree to sign the DoD Voluntary Education
Partnership MOU.
(8) In establishing education programs on military installations,
appropriate U.S. Government officials shall seek favorable tuition
rates, student services, and instructional support from providers.
(d) Minimum criteria for selecting institutions to deliver higher
education programs and services on military installations. To be
selected, institutions must:
(1) Be chartered or licensed by a State government or the Federal
Government, and have State approval for the use of veterans'
educational benefits for the courses to be offered.
(2) Be accredited by a national or regional accrediting agency
recognized by the U.S. Department of Education.
(3) Conduct programs only from among those offered or authorized by
the main administrative and academic office in accordance with standard
procedures for authorization of degree programs by the institution.
(4) Ensure main administrative and academic office approval in
faculty selection, assignment, and orientation; and participation in
monitoring and evaluation of programs. Adjunct or part-time faculty
shall possess comparable qualifications as full-time permanent faculty
members.
(5) Conduct on-installation courses that carry identical credit
values, represent the same content and experience, and use the same
student evaluation procedures as courses offered through the main
administrative and academic campus.
(6) Maintain the same admission and graduation standards that exist
for the same programs at the main administrative and academic office,
and include credits from courses taken off-campus in establishing
academic residency to meet degree requirements.
(7) Provide library and other reference and research resources, in
either print or electronic format, that are appropriate
[[Page 72950]]
and necessary to support course offerings.
(8) Establish procedures to maintain regular communication between
central institutional academic leadership and administrators and off-
campus representatives and faculty. (Any institution's proposal must
specify these procedures.)
(9) Provide students with regular and accessible counseling
services either electronically or in-person.
(10) Charge tuition and fees that are not more than those charged
to nonmilitary students.
(11) Have established policies for awarding credit for military
training by examinations, experiential learning, and courses completed
using modes of delivery other than instructor-delivered, on-site
classroom instruction.
(e) Interservice Voluntary Education Board. Under the authority,
direction, and control of the Voluntary Education Chief within the
Office of the DASD(MCFP), the Interservice Voluntary Education Board is
composed of full-time or permanent part-time employees of DoD or
military members, and consists of one representative responsible for
policy from the Office of the ASD(RA), and one representative
responsible for policy each from the Army, Navy, Air Force, and Marine
Corps. The Director, DANTES, shall serve as an ex-officio member.
Meeting quarterly, the Board shall:
(1) Provide a forum for the exchange of information and discussion
of issues related to voluntary education programs.
(2) Develop recommendations for changes in policies and procedures.
(3) Develop recommendations for DANTES' activities and operations
that support voluntary education programs.
(4) Review and prioritize DANTES activities that support DoD
voluntary education programs, to include budget execution and recommend
execution year adjustments.
(5) Develop recommended policy and program guidance for DANTES for
the Five-Year Defense Plan.
(f) DANTES. (1) Guidance and recommendations for DANTES shall be
developed with the advice of the Interservice Voluntary Education
Board.
(2) The selection and rating of the Director, DANTES shall be as
follows:
(i) The DASD(MCFP) will convene and chair the search committee
responsible for replacing the Director, DANTES, when the position is
vacated. At the request of the USD(P&R), the Secretaries of the
Military Departments will provide a senior manager to sit on the search
committee. The committee will recommend the best qualified candidate to
the Secretary of the Navy, as the DoD EA for DANTES, for possible
appointment as the Director, DANTES.
(ii) The DoD EA for DANTES will designate the rater of the
Director, DANTES. The Director, State Liaison and Educational
Opportunity within the Office of the USD(P&R), MCFP, will provide input
to the DoD EA designated rater concerning the performance of the
Director, DANTES.
(3) DANTES shall:
(i) Develop, update, maintain and generate a registry of, and
required reports pertaining to, MOUs of institutions approved to
receive military TA for traditional and DL programs and courses.
(ii) Support the Service voluntary education programs by executing
the program outlined in this part and the annual USD(P&R) guidance.
(iii) Provide execution information to the Interservice Voluntary
Education Board quarterly and provide information required to assist
with the program objective memorandum development as requested by the
Board.
(iv) Support DoD off-duty, voluntary education programs and conduct
special projects and developmental activities in support of education-
related DoD functions.
(v) Assist the Military Services in providing high-quality and
valuable educational opportunities for Service members, their eligible
adult family members, and DoD personnel, and assist personnel in
achieving professional and personal educational objectives. This role
includes the consolidated management of programs that prevent
duplication of effort among the Services. Through its activities,
DANTES supports DoD recruitment, retention, and the transition efforts.
(vi) Assume responsibilities and functions that include:
(A) Managing and facilitating the delivery of a wide variety of
examinations including the General Equivalency Diploma test, college
admissions, credit-by-examination programs, and an extensive number of
certification examinations.
(B) Upon request, issuing transcripts for the United States Armed
Forces Institute and the examination and certification programs.
(C) Managing the contract through which former DoD Dependents
Schools students can obtain copies of archived transcripts.
(D) Managing the contract and functions related to the evaluation
of educational experiences in the Military Services that are covered by
the contract.
(E) Providing or developing and distributing educational materials,
reference books, counseling publications, educational software, and key
educational resource information to DoD, the Military Services, and the
installations.
(F) Managing the SOC program contract and related functions.
(G) Managing the DoD contract that provides for periodic third-
party reviews of DoD voluntary education programs (i.e., Military
Voluntary Education Review (MVER)).
(H) Managing the voluntary education programs for the Voluntary
Education Management Information System, which includes gathering,
collating, and verifying participation and cost data from the Services.
Providing requisite consolidated reports to USD(P&R), pursuant DoD
Instruction 1322.9 (see http://www.dtic.mil/whs/directives/corres/pdf/132209p.pdf).
(I) Establishing, maintaining, and updating systems and processes
to administer, track, process updates to, and generate reports from the
centrally managed DoD Voluntary Education Partnership Memorandums of
Understanding (MOUs) between DoD and institutions offering coursework
to military personnel and their eligible adult family members, as
specified in appendices A, B, C, D, and E to this part.
(J) Managing the DoD independent study catalog and its support
systems, as required.
(K) Negotiating, administering, and coordinating contracts for DoD
Worldwide Education Symposiums in support of and in conjunction with
the Interservice Voluntary Education Board.
(L) Establishing, refining, updating, and maintaining a DoD
voluntary education presence on the Internet. Maintaining necessary
infrastructure to ensure that information on the Internet is always
current and available to leadership, agency personnel, the public, and
others.
(M) Administering the TTT program in accordance with the TTT MOU
negotiated by DoD with the Department of Education.\1\
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\1\ For copies of this MOU or information on the Troops-to-
Teachers Program, email: ttt@navy.mil or call 1-800-231-6242.
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(N) Monitoring new technological developments, providing reports,
cost analyses, and recommendations on educational innovations, and
conducting special projects requested by the Department of Defense and
the Services, approved by the Interservice Voluntary Education Board,
and as reflected and approved in DANTES' annual policy guidance.
[[Page 72951]]
(O) Conducting staff development training on DANTES' policies,
procedures, and practices related to voluntary education testing
programs, and providing additional training as requested by the Office
of the Secretary of Defense and the Services.
(P) Serving as the Defense Media Activity's point of contact for
information on DANTES programs for military personnel.
(Q) Providing support, as requested, to DoD and Service Quality of
Life and Transition support programs.
(R) Providing other support in mission areas as directed by the
USD(P&R) and the DASD(MCFP).
(vii) Maintain liaison with education services officials of the
Military Services, and appropriate Federal and State agencies and
educational associations, in matters related to the DANTES mission and
assigned functions.
(viii) Serve on panels and working groups designated by the
DASD(MCFP).
(ix) Serve as the Executive Secretary at the Interservice Voluntary
Education Board meeting convened annually to review DANTES programs and
to develop recommendations for inclusion in annual policy guidance for
DANTES. In this role, the Director, DANTES, shall coordinate the
meeting, prepare the agenda, review and analyze DANTES programs and
initiatives outlined in the prior year's operational plan, and provide
minutes after the meeting.
(x) Maintain the repository for the DoD Voluntary Education
Partnership MOU between USD(P&R) and partner institutions, to include
Service-specific addendums. DANTES shall:
(A) Administer the system that stores the repository of the MOUs
per guidance from USD(P&R).
(B) Create and maintain a database for all signed documents.
(C) Publish an Internet-based list of all institutions that have
signed partnership agreements.
(xi) Provide data analyses and generate reports required by DoD and
the Interservice Voluntary Education Board as needed.
Appendix A to Part 68--DOD Voluntary Education Partnership Memorandum
of Understanding (MOU) Between DoD Office of the Under Secretary of
Defense for Personnel and Readiness (USD(P&R)) and [Name of Educational
Institution]
1. Preamble.
a. Providing access to quality postsecondary education
opportunities is a strategic investment that enhances the U.S.
Service member's ability to support mission accomplishment and
successfully return to civilian life. A forward-leaning, lifelong
learning environment is fundamental to the maintenance of a mentally
powerful and adaptive leadership-ready force. Today's fast-paced and
highly mobile environment, where frequent deployments and
mobilizations are required to support the Nation's policies and
objectives, requires DoD to sponsor postsecondary educational
programs using a variety of learning modalities that include
instructor-led courses offered both on- and off-installation, as
well as distance learning options. All are designed to support the
professional and personal development and progress of the Service
members and our DoD civilian workforce.
b. Making these postsecondary programs available to the military
community as a whole further provides Service members, their
eligible adult family members, DoD civilian employees, and military
retirees ways to advance their personal education and career
aspirations and prepares them for future career and technical
pursuits, both inside and outside of DoD. This helps strengthen the
Nation by producing a well-educated citizenry and ensures the
availability of a significant quality-of-life asset that enhances
recruitment and retention efforts in an all-volunteer force.
2. Purpose.
a. This MOU articulates the commitment and agreement educational
institutions provide to DoD by accepting funds via each Service's
tuition assistance (TA) program in exchange for education services.
b. This MOU is not an obligation of funds, guarantee of program
enrollments by DoD personnel, their eligible adult family members,
DoD civilian employees, and retirees in an educational institution's
academic programs, or a guarantee for installation access.
c. This MOU covers courses delivered by educational institutions
through all modalities. These include, but are not limited to,
classroom instruction, distance education (i.e., web-based, CD-ROM,
or multimedia) and correspondence courses.
d. This MOU includes high school programs, academic skills
programs, and adult education programs for military personnel and
their eligible adult family members.
e. This MOU articulates regulatory and governing directives and
instructions:
(1) Eligibility of DoD recipients is governed by federal law,
DoD Instruction 1322.25, DoD Directive 1322.08E, and the cognizant
Military Service's policies, regulations, and fiscal constraints.
(2) Postsecondary educational programs provided to Service
members using TA on military installations outside of the United
States, shall be operated in accordance with guidance from DoD
Instruction 1322.25, DoD Instruction 1322.19, section 1212 of Public
Law 99-145, as amended by section 518 of Public Law 101-189; and
under the terms of the Tri-Services contract currently in effect.
f. This MOU is subject at all times to Federal law and the
rules, guidelines, and regulations of DoD. Any conflicts between
this MOU and such Federal law, rules, guidelines, and regulations
will be resolved in favor of the Federal law, rules, guidelines, or
regulations.
3. Educational Institution (Including Certificate and Degree
Granting Educational Institutions) Requirements for TA. Educational
institutions must:
a. Sign and adhere to requirements of this MOU, including
Service-specific addendums as appropriate, prior to being eligible
to receive TA payments.
(1) Those educational institutions that have a current MOU with
DoD will sign this MOU:
(a) At the expiration of their current MOU;
(b) In accordance with the provisions of paragraph 6.f.; or
(c) At the request of DoD or the specific Military Service
holding a separate current MOU. The DoD Voluntary Education
Partnership MOU (which includes the Service-specific addendums) is
required for an institution to participate in the DoD TA Program. An
``installation MOU'' (which is separate from this MOU) is only
required if an institution is operating on a military installation.
The installation MOU:
1. Contains the installation-unique requirements that the
installation's education advisor coordinated, documented, and
retained; is approved by the appropriate Service voluntary education
representative; and is presented to the installation commander for
final approval.
2. Cannot conflict with the DoD Voluntary Education Partnership
MOU and governing regulations.
(2) Educational institutions must comply with this MOU and the
requirements in Service-specific addendums that do not conflict with
governing Federal law and rules, guidelines, and regulations, which
include, but are not limited to, Title 10 of the U.S. Code; DoD
Directive 1322.08E, ``Voluntary Education Programs for Military
Personnel''; DoD Instruction 1322.25, ``Voluntary Education
Programs''; DoD Instruction 1322.9, ``Voluntary Education Programs
for Military Personnel-Management Information System''; DoD
Instruction 1322.19, ``Voluntary Education Programs in Overseas
Areas''; and all installation requirements imposed by the
installation commander, if the educational institution has been
approved to operate on a particular base. Educational institutions
failing to comply with the requirements set forth in this MOU may
receive a letter of warning, be denied the opportunity to establish
new programs, have their MOU terminated, be removed from the
installation, and may have the approval of the issuance of TA
withdrawn by the Service concerned.
b. Be accredited by a national or regional accrediting agency
recognized by the U.S. Department of Education.
c. Comply with the regulatory guidance provided by DoD and the
Services.
d. Participate in the Military Voluntary Education Review (MVER)
process when requested. This requirement applies not only to
institutions providing courses on military installations, but also
to those institutions that provide postsecondary instruction that is
not located on the military installation or via DL.
e. If the institution is a member of the Servicemembers
Opportunity Colleges (SOC), the institution shall:
(1) Adhere to the SOC Consortium Principles, Criteria, and
Military Student Bill
[[Page 72952]]
of Rights. (located at http://www.soc.aascu.org/socconsortium/PublicationsSOC.html).
(2) Provide processes to determine credit awards and learning
acquired for specialized military training and occupational
experience when applicable to a Service member's degree program.
(3) Recognize and use the American Council on Education (ACE)
Guide to the Evaluation of Educational Experiences in the Armed
Services to determine the value of learning acquired in military
service. Award credit for appropriate learning acquired in military
service at levels consistent with ACE Guide recommendations and/or
those transcripted by the Community College of the Air Force, when
applicable to a Service member's program.
f. If an institution elects not to be a member of SOC, the
institution shall:
(1) Disclose its transfer credit policies prior to a Service
member's enrollment.
(a) If the institution accepts transfer credit from other
accredited institutions, then the institution agrees to evaluate
these credits in conformity with the principles set forth in the
Joint Statement on the Transfer and Award of Credit developed by
members of the American Association of Collegiate Registrars and
Admissions Officers, the American Council on Education, and the
Council for Higher Education Accreditation. The institution will
then award appropriate credit, to the extent practicable within the
framework of its institutional mission and academic policies.
(b) Decisions about the amount of transfer credit accepted, and
how it will be applied to the student's program, shall be left to
the institution.
(2) Disclose its policies on how they award academic credit for
prior learning experiences, including military training and
experiential learning opportunities provided by the Military
Services, at or before a Service member's enrollment.
(a) In so far as the institution's policies generally permit for
the award of credit for comparable prior learning experiences, the
institution agrees to evaluate the learning experiences documented
on the Service member's official Service transcripts, and, if
appropriate, award credit.
(b) The official Service transcripts for military training and
experience documentation are: Army/ACE Registry Transcript System,
the Sailor/Marine ACE Registry Transcript System, the Community
College of the Air Force transcript, and the Coast Guard Institute
transcript.
(c) If general policy permits, transfer credit may:
1. Replace a required course within the major;
2. Apply as an optional course within the major;
3. Apply as a general elective;
4. Apply as a basic degree requirement; or
5. Waive a prerequisite.
(d) Decisions about the amount of experiential learning credit
awarded, and how it will be applied to the student's program, shall
be left to the institution. Once an institution has evaluated a
particular military training or experiential learning opportunity
for a given program, the institution may rely on its prior
evaluation to make future decisions about awarding credit to Service
members with the same military training and experience
documentation, provided that the course content has not changed.
(3) Disclose to Service members any academic residency
requirements pertaining to the student's program of study, including
total and any final year or final semester residency requirement at
or before the time the student enrolls in the program.
(4) Disclose basic information about the institution's programs
and costs, including tuition, fees, and other charges to the Service
member. This information shall be made readily accessible without
requiring the Service member to disclose any personal or contact
information.
(5) Prior to enrollment, provide Service members access to an
institutional financial aid advisor who will provide a clear and
complete explanation of available financial aid, to include Title IV
of the Higher Education Act of 1965, as amended, and appropriate
loan counseling before offering, recommending, or signing up a
student for a loan.
(6) Prior to enrollment, provide Service members with
information on institutional ``drop/add,'' withdrawal, and
readmission policies and procedures to include information on the
potential impact of military duties (such as unanticipated
deployments or mobilization, activation, and temporary duty
assignments) on the student's academic standing and financial
responsibilities. For example, a Service member's military duties
may require relocation to an area where he or she is unable to
maintain consistent computer connectivity with the institution,
which could have implications for the Service member's enrollment
status. This information will also include an explanation of the
institution's grievance policy and process.
(7) Conduct academic screening and competency testing; make
course placement based on student readiness.
(8) Designate a person or office at the institution that will
serve as a point of contact for Service members seeking information
about available, appropriate academic counseling, financial aid
counseling, and student support services at the institution. The
point of contact:
(a) Shall have a basic understanding of the military tuition
assistance program and veterans' education benefits, and a
familiarity with institutional services available to assist Service
members.
(b) Does not need to be exclusively dedicated to providing these
services and, as appropriate, may refer the Service member to other
individuals, both on and off-campus, with an ability to provide
these services.
g. Adopt an institutional policy banning inducements (including
any gratuity, favor, discount, entertainment, hospitality, loan,
transportation, lodging, meals, or other item having a monetary
value of more than a de minimus amount) to any individual or entity
(other than salaries paid to employees or fees paid to contractors
in conformity with all applicable laws) for the purpose of securing
enrollments of Service members or obtaining access to TA funds as
part of efforts to eliminate aggressive marketing aimed at Service
members.
h. Refrain from high-pressure recruitment tactics as part of
efforts to eliminate aggressive marketing aimed at Service members.
Such tactics include making multiple unsolicited phone calls to
Service members for the purpose of securing their enrollment.
i. Refrain from providing any commission, bonus, or other
incentive payment based directly or indirectly on securing
enrollments or Federal financial aid (including TA funds) to any
persons or entities engaged in any student recruiting, admission
activities, or making decisions regarding the award of student
financial assistance. These tactics as discouraged as part of
efforts to eliminate aggressive marketing aimed at Service members.
4. TA Program Requirements for Educational Institutions.
a. One Single Tuition Rate. All Service members attending the
same institution, at the same location, enrolled in the same course,
will be charged the same tuition rate without regard to their
Service component. This single tuition rate includes active duty
Service members and the National Guard and Reservists who are
activated under Title 10 and using Title 10 Military Tuition
Assistance, in order to assure that tuition rate distinctions are
not made based on the Service members' branches of Service.
(1) It is understood tuition rates may vary by mode of delivery
(traditional or online), at the differing degree levels and
programs, and residency designations (in-state or out-of-state).
Tuition rates may also vary based on full-time or part-time status,
daytime vs. evening classes, or matriculation date, such as in the
case of a guaranteed tuition program.
(2) It is also understood that some States have mandated State
rates for Guard and Reservists within the State. (Those Guard and
Reservists not activated on title 10, U.S. Code orders).
b. Course Enrollment Information. The educational institutions
will provide course enrollment, course withdrawal, course
cancellation, course completion or failure, grade, verification of
degree completion, and billing information to the TA issuing
Service's education office, as outlined in the Service's regulations
and instructions.
(1) Under section 1232g of title 20, United States Code (also
known as ``The Family Educational Rights and Privacy Act'' and
hereinafter referred to as ``FERPA''), DoD recognizes that
institutions are required to obtain consent before sharing
personally identifiable non-directory information with a third
party. Service members must authorize the institutions to release
and forward course enrollment information required in 4.b. to DoD
prior to approval of course enrollment using tuition assistance.
(2) If an institution wants to ensure confidentiality during the
transmission of data to the third party, then the institution can
contact the appropriate Service TA management point of contact to
discuss security and confidentiality concerns prior to transmitting
information.
[[Page 72953]]
c. Degree Requirements and Evaluated Education Plans.
(1) Institutions will disclose general degree requirements for
the Service member's educational program (education plan) to the
member and his or her Service. These requirements, typically
articulated in the institution's course catalog, should:
(a) Include the total number of credits needed for graduation.
(b) Divide the coursework students must complete in accordance
with institutional academic policies into general education,
required, and elective courses.
(c) Articulate any additional departmental or graduate academic
requirements, such as satisfying institutional and major field grade
point average requirements, a passing grade in any comprehensive
exams, or completion of a thesis or dissertation.
(2) In addition to providing degree requirements, the
institution shall provide to Service members who have previous
coursework from other accredited institutions and relevant military
training and experiential learning an evaluated educational plan
that indicates how many, if any, transfer credits it intends to
award and how these will be applied toward the Service member's
educational program. The evaluated educational plan will be provided
within 60 days after the individual has selected a degree program
and all required official transcripts have been received.
(3) When a Service member changes his or her educational goal or
major at the attending school and the Services' education advisor
approves the change, then the institution will provide a new
evaluated educational plan to the Service member and the Service.
Only courses listed in the Service member's education plan will be
approved for TA.
(4) Degree requirements in effect at the time of each Service
member's enrollment will remain in effect for a period of at least
one year beyond the program's standard length, provided the Service
member is in good academic standing and has been continuously
enrolled or received an approved academic leave of absence.
Adjustments to degree requirements may be made as a result of formal
changes to academic policy pursuant to institutional or departmental
determination, provided that:
(a) They go into effect at least two years after affected
students have been notified; or
(b) In instances when courses or programs are no longer
available or changes have been mandated by a State or accrediting
body, the institution shall work with affected Service members to
identify substitutions that would not hinder the student from
graduating in a timely manner.
d. Approved and TA Eligible Courses.
(1) Approved Courses. If an eligible Service member decides to
use TA, educational institutions will enroll him or her only after
the TA is approved by the individual's Service. Service members will
be solely responsible for all tuition costs without this prior
approval. This requirement does not prohibit an educational
institution from pre-registering a Service member in a course in
order to secure a slot in the course. If a school enrolls the
Service member before the appropriate Service approves Military TA,
then the Service member could be responsible for the tuition. All
Military TA must be requested and approved prior to the start date
of the course. The Military TA is approved on a course-by-course
basis and only for the specific course(s) and class dates that a
Service member requests. If a military student ``self-identifies''
their eligibility and the Service has not approved the funding, then
the Service member will be solely responsible for all tuition costs,
not the Service.
(2) TA Eligible Courses. Courses shall be considered eligible
for TA if they are:
(a) Part of an individual's evaluated educational plan; or
(b) Prerequisites for courses within the individual's evaluated
educational plan; or
(c) Required for acceptance into a higher-level degree program,
unless otherwise specified by Service regulations.
e. Use of Financial Aid with TA.
(1) ``Top-Up'' eligible active duty DoD personnel may use this
Montgomery or Post-9/11 G.I. Bill benefit in conjunction with TA
funds from their Service to cover those course costs to the Service
member that exceed the amount of TA paid by his or her Service.
Reserve Component members who have paid for Chapter 30 G.I. Bill
benefits may use those benefits concurrently with TA. Reserve
Component members who have earned entitlement for the Post-9/11
G.I., Bill may combine VA benefits and TA as long as the combined
benefits do not total more than 100 percent of the actual costs of
tuition and fees.
(2) DoD personnel are entitled to consideration for all forms of
financial aid that educational institutions make available to
students at their home campus. Educational institution financial aid
officers shall provide information and application processes for
scholarships, fellowships, grants, loans, etc., to DoD TA
recipients.
(3) Service members identified as eligible DoD TA recipients,
who qualify for Pell Grants through the Department of Education's
student aid program, shall have their TA benefits applied to their
educational institution's account prior to the application of their
Pell Grant funds to their account. Unlike TA funds, which are
tuition-restricted, Pell Grant funds are not tuition-restricted and
may be applied to other allowable charges on the account.
f. Administration of Tuition and Fees.
(1) The Services will provide TA in accordance with DoD- and
Service-appropriate regulations. Any additional fees will be paid by
the Service member to the institution at the time of registration in
accordance with the institution's policy.
(2) TA will be limited to tuition and reimbursable fees that are
specifically required as a condition of enrollment in a particular
course or term of enrollment of the Service member in that
educational institution, are charged to all students and are
refundable to the same extent as tuition in accordance with the
institution's tuition refund policy. At a minimum, tuition and fees
must be 100 percent refundable up until the start of the course.
(3) Tuition charged to a Service member will in no case exceed
the rate charged to nonmilitary students, unless agreed upon in
writing by both the institution and the Service.
(4) Institutions shall provide their tuition and fee charges for
each degree program to the Services on an annual basis. Any changes
in the tuition and fee charges will be provided to and justified to
all the Services, as soon as possible, but not fewer than 90 days
prior to implementation. If the MOU is with a single educational
institution, at a single location, with only one Service, the
justification will be provided to that Service, which will then
provide that information to the other Services.
(a) Tuition and fees at many public institutions are established
by entities over which they have no jurisdiction, such as State
legislatures and boards. As such, in some instances tuition and fees
decisions will not be made within the 90-day requirement window.
(b) When this happens, the institution should request a waiver
(via the DoD MOU Web page) and provide the Services with the new
tuition and fee charges. This will ensure the correct rates are
applied when a Service member requests tuition and fees to attend
the State institution.
(5) Refunds of Government-funded TA will be paid in accordance
with the institution's published refund policy and will go to the
Service, not to the Service member.
(6) The institution will refund to the Service the total amount
of tuition and fees paid for a course that is cancelled by the
institution.
(7) TA invoicing information is located in the Service-specific
addendums attached to this MOU.
g. Course Cancellations. Institutions are responsible for
notifying Service members of class cancellations for both classroom
and DL courses.
h. Materials and Electronic Accessibility.
(1) Institutions will ensure that course materials are readily
available, either electronically or in print medium, and provide
information about where the student may obtain class materials at
the time of enrollment or registration.
(2) Institutional representatives shall refrain from encouraging
or requiring students to purchase course materials prior to
confirmation of sufficient enrollments to conduct the class.
Students will be encouraged to verify course acceptance by CCAF (Air
Force only) or other program(s), with the installation education
advisor before enrolling or requesting TA.
(3) Institutions will provide, where available, electronic
access to their main administrative and academic center's library
materials, professional services, relevant periodicals, books, and
other academic reference and research resources in print or online
format that are appropriate or necessary to support the courses
offered. Additionally, institutions will ensure adequate print and
non-print media resources to support all courses being offered are
available at base or installation library facilities, on-site
Institution resource areas, or via electronic transmission.
i. Graduation Achievement Recognition.
(1) The educational institution shall issue, at no cost to the
Government, documentation
[[Page 72954]]
as proof of completion, such as a diploma or certificate, to each
student who completes the respective program requirements and meets
all financial obligations.
(2) In accordance with Service requirements, the institution
shall provide the Service concerned with a list of those TA
recipients who have completed a certificate, diploma, or degree
program. The list will include the degree level, major, and program
requirements completion date.
(3) The academic credentials for certificate, diploma, or degree
completion should reflect the degree-granting institution and campus
authorized to confer the degree.
(a) If the Service member attends a branch of a large, multi-
branch university system, the diploma may indicate the credential of
the specific campus or branch of the institution from which the
student received his or her degree.
(b) Credentials should be awarded to Service members with the
same institutional designation as non-Service members who completed
the same course work for a degree from the same institution.
(4) The institution shall provide students with the opportunity
to participate in a graduation ceremony.
j. Reporting Requirements and Performance Metrics.
(1) The institution shall provide reports via electronic
delivery on all DoD TA recipients for programs and courses offered
to personnel as required by the cognizant Service. This includes,
but is not limited to, TA transactions, final course grades to
include incompletes and withdrawals, degrees awarded, certificates
earned, evaluated educational plans, courses offered, class rosters
of Service members, and military graduation.
(a) All reporting and transmitting of this information shall be
done in conformity with all applicable privacy laws, including
FERPA.
(b) Institutions shall respond to these requests in a timely
fashion, which will vary based on the specific nature and scope of
the information requested.
(2) The cognizant Service may evaluate the institution's overall
effectiveness in administering its academic program, courses, and
customer satisfaction to DoD. A written report of the findings will
be provided to the institution. The institution shall have 90
calendar days to review the report, investigate if required, and
provide a written response to the findings.
(3) The Services may request reports from an institution at any
time, but not later than 2 years after termination of the MOU with
such institution. Responses to all requests for reports shall be
provided within a reasonable period of time, and generally within 14
calendar days. Institutional response time will depend on the
specific information sought by the Services in the report.
5. Requirements and Responsibilities for the Delivery of On-
Installation Voluntary Education Programs and Services.
a. The requirements in this section pertain to institutions
operating on a military installation. An installation MOU:
(1) Is required if an institution is operating on a military
installation.
(2) Contains only the installation-unique requirements
coordinated, documented, and retained by the installation's
education advisor, with concurrence from the appropriate Service
voluntary education representative, and presented to the
installation commander for final approval.
(3) Cannot conflict with the DoD Voluntary Education Partnership
MOU and governing regulations.
b. Educational institutions shall:
(1) Agree to have a separate installation MOU if they have a
Service agreement to provide on-installation courses or degree
programs. The installation MOU contains the installation-unique
requirements that will be coordinated, documented, and retained by
the installation's education advisor, with concurrence from the
appropriate Service voluntary education representative, and
presented to the installation commander for final approval.
(2) Comply with the installation-unique requirements in the
installation MOU that do not conflict with the DoD Voluntary
Education Partnership MOU and governing regulations.
(3) Agree to coordinate degree programs offered on the
installation with the installation's education advisor, who will
receive approval from the installation commander, prior to the
opening of classes for registration.
(4) Admit candidates to the institution's on-installation
programs at their discretion; however, priority for registration in
installation classes will be given in the following order:
(a) Service members.
(b) Federally funded DoD civilian employees.
(c) Eligible adult family members of Service members and DoD
civilian employees.
(d) Military retirees.
(e) Non-DoD personnel.
(5) Provide the installation's education advisor, as
appropriate, a tentative annual schedule of course offerings to
ensure that the educational needs of the military population on the
installation are met and to ensure no course or scheduling conflicts
with other on-installation programs.
(6) Provide instructors for their installation courses who meet
the criteria established by the institution to qualify for
employment as a faculty member on the main administrative and
academic center.
(7) Inform the installation education advisor about
cancellations for classroom-based classes on military installations
per the guidelines set forth in the separate installation MOU.
c. The Services' designated installation representative (usually
the installation education advisor), shall be responsible for
determining the local voluntary education program needs for the
serviced military population and for selecting the off-duty
educational programs to be provided on the installation, in
accordance with the Services' policies. The Service, in conjunction
with the educational institution, shall provide support services
essential to operating effective educational programs. All services
provided will be commensurate with the availability of resources
(personnel, funds, and equipment). This support includes:
(1) Classroom and office space, as available. The Service will
determine the adequacy of provided space.
(2) Repairs as required to maintain office and classroom space
in ``good condition'' as determined by the Service, and utility
services for the offices and classrooms of the institution located
on the installation (e.g., electricity, water, and heat).
(3) Standard office and classroom furnishings within available
resources. No specialized equipment will be provided.
(4) Janitorial services in accordance with installation facility
management policies and contracts.
d. The Service reserves the right to disapprove installation
access to any employee of the institution employed to carry out any
part of this MOU.
e. Operation of a privately owned vehicle by institution
employees on the installation will be governed by the installation's
policies.
f. The installation education advisor will check with his or her
Service's responsible office for voluntary education prior to
allowing an educational institution to enter into an MOU with the
installation.
6. Review, Modifications, Signatures, Effective Date, Expiration
Date, and Cancellation Provision.
a. Review. The signatories (or their successors) will review
this MOU periodically in coordination with the Services, but no less
than every five years to consider items such as current
accreditation status, updated program offerings, and program
delivery services.
b. Modifications. Modifications to this MOU will be in writing
and, except for those required due to a change in State or Federal
law, shall be subject to approval by both of the signatories below,
or their successors.
c. Signatures. The authorized signatory for DoD shall be
designated by the USD(P&R). The authorized signatory for the
institution will be determined by the institution.
d. Effective Date. This MOU is effective on the date of the
later signature.
e. Expiration Date. This MOU will expire five years from the
effective date, unless terminated or updated prior to that date in
writing by DoD or the Institution.
f. Cancellation Provision. This MOU may be cancelled by either
DoD or the Institution 30 days after receipt of the written notice
from the cancelling party,
FOR THE DEPARTMENT OF DEFENSE:
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DESIGNATED SIGNATORY
-----------------------------------------------------------------------
DATE
FOR THE INSTITUTION:
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PRESIDENT or Designee
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DATE
[[Page 72955]]
Appendix B to Part 68--Addendum for Education Services Between [Name of
Educational Institution] and the U.S. Air Force
1. Purpose. This addendum is between (Name of Educational
Institution), hereafter referred to as the ``Institution,'' and the
United States Air Force (USAF). The purpose of this agreement is to
provide guidelines and procedures for the delivery of educational
services to Service members, DoD civilian employees, eligible adult
family members, military retirees, and non-DoD personnel not covered
in the DoD Voluntary Education Partnership Memorandum of
Understanding (MOU) between the DoD Office of the Under Secretary of
Defense for Personnel and Readiness and the Institution. This
addendum is not to be construed in any way as giving rise to a
contractual obligation of the USAF to provide funds to the
Institution that would be contrary to Federal law.
2. Responsibilities.
a. USAF Education and Training Section (ETS) Chief. The USAF ETS
Chief shall:
(1) Maintain a continuing liaison with the designated
Institution representative and be responsible for inspections and
the acceptance of the Institution's services. The ETS Chief will
assist the Institution representative to provide military and USAF
culture orientation to the Institution personnel.
(2) Review requests from Institutions with no on-installation
MOU for permission of installation access and space within the ETS
to counsel current students, provide information briefings and
materials, attend education fairs, and provide other informational
services approved by the installation commander. Approval depends on
the installation commander. Approval of any school eligible for
Military TA will be extended equally to all such schools; same time
allotment, space, and frequency.
(3) Assist the Institution or refer them to the information
technology contractor for training in the use of the Academic
Institution Portal (AI Portal) regarding input of Institution
information, degree offerings, tuition rates, grades, invoices,
degree completions, and search tools pre-built into the USAF online
Voluntary Education System.
b. Institutions shall:
(1) Appoint and designate an Institution representative to
maintain a continuing liaison with the USAF ETS Chief.
(2) Provide general degree requirements to each airman for his
or her education program and the ETS as soon as he or she decides to
register with the Institution and while awaiting final evaluation of
transfer credits.
(3) Assume responsibility for the administration and proctoring
of all course examinations not normally administered and proctored
within the traditional, in-the-classroom setting.
(4) Provide to airmen, upon their request, information on
Institution policies including, but not limited to, course
withdrawal dates and penalties, course cancellation procedures,
course grade publication, fees (covered by military tuition
assistance (Mil TA) and not covered by Mil TA), billing practices,
and policy regarding incompletion of a course. Face-to-face
counseling is not required.
(5) Register and use the AI Portal to input Institution basic
information, degree offerings, tuition rates, invoice submission,
course grades submission, degree completions, and to pull pre-
established educational institution reports while conducting
business with the USAF.
(6) Submit one consolidated invoice per term via the AI Portal
for each class in which active duty military airmen are enrolled
using Mil TA. Submission will be made during the term, no earlier
than after the final add/drop/census date, and no later than 30
calendar days after the end of the term.
(7) Submit course grades via the AI Portal for each class in
which active duty military airmen are enrolled using Mil TA.
Submission will be made no later than 30 calendar days after the end
of the term.
(8) Accept the Government Purchase Card (GPC) for payment of Mil
TA when the Institution accepts credit cards for any part of
Institution business. If an institution does not accept credit
cards:
(a) The Air Force may grant the institution a waiver from these
requirements for any tuition and fee payments for the program in
which the active duty military airman is enrolled.
(b) The Air Force and the institution must negotiate the terms
of the waiver, which are incorporated by reference into the terms of
the MOU.
(c) The institution should be aware that payment could be
delayed because the Air Force currently has an automatic payment
system for credit card use. If a waiver is granted, the Air Force
must use a paper-based system.
(9) Provide a list of program graduates via the AI Portal
consisting of student name, program title, program type (such as
bachelor's degree), and date of graduation no later than 30 calendar
days after the end of the term in which graduation requirements are
completed. If the AI Portal is not available, provide directly to
the base Education and Training Section.
c. Institutions with no on-installation MOU are authorized to
request permission for installation access and space within the ETS
to counsel current students, provide information briefings and
materials, attend education fairs, and other informational services.
Approval depends on the installation commander. If approval is
granted, then all other permissions will be authorized equally for
any school eligible for Military TA; the same time allotment, space,
and frequency.
d. All Institutions with an on-installation MOU or invitation
for an on-installation activity, such as an educational fair, are
authorized to counsel or provide information on any of their
programs.
3. Additional Guidelines
a. In addition to DoD policy outlined in the DoD MOU, the
authorization of Mil TA is further governed by Air Force Instruction
(AFI) 36-2306, as well as applicable policy and guidance.
b. Installation access of non-DoD and non-installation personnel
is at the discretion of the installation commander. Access once
provided can be revoked at any time due to military necessity or due
to conduct that violates installation rules or policies.
c. No off-base school will be given permanent space or scheduled
for regularly recurring time on-base for student counseling.
Appendix C to Part 68--Addendum for Education Services Between [Name of
Educational Institution] and the U.S. Army
1. Purpose. This addendum is between (Name of Educational
Institution), hereafter referred to as the ``Institution,'' and the
United States Army. The purpose of this agreement is to provide
guidelines and procedures for the delivery of educational services
to Service members, DoD civilian employees, eligible adult family
members, military retirees, and non-DoD personnel not covered in the
DoD Voluntary Education Partnership Memorandum of Understanding
between the DoD Office of the Under Secretary of Defense for
Personnel and Readiness and the Institution. This addendum is not to
be construed in any way as giving rise to a contractual obligation
of the U.S. Army to provide funds to the Institution that would be
contrary to Federal law.
2. Responsibilities.
a. Army Education Services Officer (ESO): In support of this
addendum, the Army ESO shall maintain a continuing liaison with a
designated Institution representative and be responsible for
inspections and the acceptance of the Institution's services. The
ESO will provide assistance to the Institution representative to
provide military and Army culture orientation to the Institution
personnel.
b. Institutions. The Institution will:
(1) Appoint and designate an Institution representative to
maintain a continuing liaison with the Army ESO.
(2) Adopt the GoArmyEd processes. GoArmyEd is the Army
Continuing Education System (ACES) centralized and streamlined
management system for the Army's postsecondary voluntary education
programs. Existing MOUs or Memorandums of Agreement, Tri-Services
contracts, or other contracts that Institutions may have with
military installations and ACES remain in place and should be
supplemented with DoD Instruction 1322.25.
(3) Agree to all of the terms in the ACES policies and
procedures, available at https://www.hrc.army.mil/site/education/GoArmyEd_School_Instructions.html, such as: Invoicing, grades,
reports, library references, etc. For non-Letter of Instruction
(LOI) institutions satisfying paragraph 3.f. of this DoD MOU, any
requirements in ACES policies and procedures requiring institutions
to be a member of SOC are hereby waived.
(4) Institutions currently participating with GoArmyEd as LOI
and non-LOI schools, may continue to do so at the discretion of
Headquarters, ACES. Non-LOI schools will be subject to the
requirements of paragraphs 2.b.(2) and 2.b.(3) of this DoD MOU only
to
[[Page 72956]]
the extent that their existing non-LOI agreement with the U.S. Army
provides.
Appendix D to Part 68--Addendum for Education Services Between [Name of
Educational Institution] and the U.S. Marine Corps
1. Purpose. This addendum is between (Name of Educational
Institution), hereafter referred to as the ``Institution,'' and the
U.S. Marine Corps. The purpose of this agreement is to provide
guidelines and procedures for the delivery of educational services
to Service members, DoD civilian employees, eligible adult family
members, military retirees, and non-DoD personnel not covered in the
DoD Voluntary Education Partnership Memorandum of Understanding
between the DoD Office of the Under Secretary of Defense for
Personnel and Readiness and the Institution. This addendum is not to
be construed in any way as giving rise to a contractual obligation
of the U.S. Marine Corps to provide funds to the Institution that
would be contrary to Federal law.
2. Responsibilities.
a. Marine Corps Education Services Officer (ESO): In support of
this addendum, the Marine Corps ESO shall maintain a continuing
liaison with a designated Institution representative and be
responsible for inspections and the acceptance of the Institution's
services. The ESO will provide assistance to the Institution
representative to provide military and Marine Corps culture
orientation to the Institution personnel.
b. Institution. The Institution will:
(1) Appoint and designate an Institution representative to
maintain a continuing liaison with the Marine Corps ESO.
(2) Provide open enrollment during a designated time periods in
courses conducted through media (e.g., portable media devices or
computer-aided). Those courses shall be on an individual enrollment
basis.
(3) When operating on a Marine base, provide all required
equipment when the Institution provides instruction via media.
(4) When operating on a Marine base, provide library services to
the Marine Corps base/installation for students in the form of
research and reference materials (e.g., books, pamphlets, magazines)
of similar quality to the support provided students on the
institution's home campus. Services shall also include research and
reference material in sufficient quantity to meet curriculum and
program demands. Materials shall be, at a minimum, the required
readings of the instructor(s) for a particular course or program, or
the ability for the student to request a copy of such material, from
the institution's main library, without any inconvenience or charge
to the student (e.g., a library computer terminal that may allow
students to order material and have it mailed to their residence).
(5) Route publicity generated for an installation community
through the base ESO.
(6) Permit employment of off-duty military personnel or
Government civilian employees by the institution, provided such
employment does not conflict with the policies set forth in DoD
Regulation 5500.7-R. However, Government personnel employed in any
way in the administration of this addendum will be excluded from
such employment because of conflict of interest.
3. Billing Procedures, And Formal Grades.
a. Comply with wide area work flow process for invoicing tuition
assistance.
b. Grades shall be submitted through the Navy College Management
Information System grade entry application.
c. Grade reports shall be provided to the Naval Education and
Training Professional Development and Technology Center within 30
days of term ending or completion of the course, whichever is
earlier.
Appendix E to Part 68--Addendum for Education Services Between [Name of
Educational Institution] and the U.S. Navy
1. Purpose. This addendum is between (Name of Educational
Institution), hereafter referred to as the ``Institution,'' and the
U.S. Navy. The purpose of this agreement is to provide guidelines
and procedures for the delivery of educational services to Service
members, DoD civilian employees, eligible adult family members,
military retirees, and non-DoD personnel not covered in the DoD
Voluntary Education Partnership Memorandum of Understanding (MOU)
between the DoD Office of the Under Secretary of Defense for
Personnel and Readiness and the Institution. This addendum is not to
be construed in any way as giving rise to a contractual obligation
of the Department of the Navy to provide funds to the academic
Institution that would be contrary to Federal law.
2. Responsibilities.
a. Commanding Officer responsible for execution of the Voluntary
Education Program. The commanding officer responsible for execution
of the voluntary education program shall:
(1) Determine the local voluntary education program needs for
the Navy population to be served and recommend to the installation
commander the educational programs to be offered on the base;
(2) Administer this agreement and provide program management
support;
(3) Manage the Navy College Program Distance Learning
Partnership (NCPDLP) agreements.
b. Navy College Office (NCO): In support of this addendum, the
NCO will maintain a continuing liaison with the designated
Institution representative and be responsible for inspections and
the acceptance of the Institution's services. The NCO will provide
assistance to the Institution representative to provide military and
Navy culture orientation to the Institution personnel.
c. Institution. The Institution will:
(1) If a distance learning partner institution:
(i) Comply with NCPDLP agreements, if an institution
participates in NCPDLP.
(ii) Provide a link to the academic institution through the Navy
College Program Web Site, only if designated as an NCPDLP school.
(iii) Display the academic Institution's advertising materials
(i.e., pamphlets, posters, and brochures) at all NCOs, only if
designated as an NCPDLP school.
(2) Appoint and designate an Institution representative to
maintain a continuing liaison with the NCO staff.
(3) Comply with wide area work flow processes for invoicing of
tuition assistance. Grades will be submitted to the Navy College
Management Information System grade entry application.
(4) Ensure library resource arrangements are in accordance with
the standards of the Institution's accrediting association and the
State regulatory agency having jurisdiction over the academic
Institution.
(5) Respond to email messages from students within a reasonable
period of time--generally within two workdays, unless extenuating
circumstances would justify additional time.
(6) Comply with host command procedures before starting
instructor-based courses on any Navy installation. The NCO shall
negotiate a separate agreement with the academic Institution in
concert with the host command procedures.
(7) Mail an official transcript indicating degree completion, at
no cost to the sailor or the Government to: Center for Personal and
Professional Development, ATTN: Virtual Education Center, 1905
Regulus Ave., Suite 234, Virginia Beach, VA 23461-2009.
Dated: November 29, 2012.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2012-29497 Filed 12-6-12; 8:45 am]
BILLING CODE 5001-06-P