[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Proposed Rules]
[Pages 47504-47515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19314]
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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: Proposed rule.
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SUMMARY: The Department of Defense (DoD) proposes to implement policy,
assign responsibilities, and prescribe procedures for the operation of
voluntary education programs within DoD. Included are: 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 between DoD and educational institutions receiving
tuition assistance payments; and procedures for other education
programs for Service members and their adult family members.
DATES: Comments must be received by October 5, 2010.
ADDRESSES: You may submit comments, identified by docket number and or
RIN number and title, by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
Federal Register document. The general policy for comments and other
submissions from members of the public is to make these submissions
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any
personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Kerrie Tucker at 703-602-4949,
extension 117.
SUPPLEMENTARY INFORMATION:
Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review''
It has been certified that 32 CFR part 68 is a significant
regulatory action. The rule has an annual effect on the economy of $100
million or more.
The rule does not:
(1) 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;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
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. 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 authorized up to $4,500.00, in
aggregate, for each fiscal year. As per 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 2009 (FY09), the
Services executed approximately $800 million for Off-Duty and Voluntary
Education Programs. For Fiscal Year 2010 (FY10), the President's Budget
for Off-Duty and Voluntary Education is approximately $790 million,
with $208 million programmed for operational costs and $582 million
programmed for tuition assistance costs.
[[Page 47505]]
Section 202, Public Law 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:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) 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 proposed to be 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 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 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
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
official document, when sent directly from the Army American Council on
Education Registry Transcript System center to the educational
institution, which articulates a Soldier's military experience and
training and the American Council on Education-recommended college
credit for this training and experience.
Documented educational plan. An official academic document provided
by the educational institution that articulates all courses and general
education requirements required for degree completion. The documented
education plan identifies all courses required for graduation in the
individual's intended academic discipline and level of postsecondary
study, and 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,
a SOC Army Degrees, SOC Navy Degrees, SOC Marine Corps Degrees, or SOC
Coast Guard Degrees Student Agreement serves as this documented
education plan.
Education advisor. A professionally qualified, subject matter
expert/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.
[[Page 47506]]
Education center. A military installation facility, including
office space, classrooms, laboratories, and other features, that is
staffed with professionally qualified personnel and 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 6 semester hours
by the Service member at the institution.
Family member. A family member is defined as the eligible adult of
an active duty, reserve, or National Guardsman with a valid DoD or
Coast Guard identification card.
IRR or Individual Ready Reserve. The IRR is a manpower pool
comprised 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.
MVER or Military Voluntary Education Review. A third-party
evaluation of voluntary education programs covered by the DoD Voluntary
Education Partnership MOU.
Ready Reserve. Comprised 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, when sent directly from the
Sailor/Marine American Council on Education Registry Transcript System
Operations Center to the educational institution, that articulates 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. Consists of 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), 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, which 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 Armed Forces, or Coast Guard member,
enrolled in approved courses of study during off-duty time. Off-duty
time is defined as time when the Service member is not scheduled to
perform official duties.
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). The Troops-to-Teachers program is
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
during their off-duty time, and which are available to other members of
the military community.
Sec. 68.4 Policy.
It is DoD policy that:
(a) Members of the Armed Forces serving on active duty or actively-
drilling members of the Reserve Components shall be afforded the
opportunity to complete their high school education, earn an
equivalency diploma, improve their academic skills or level of
literacy, enroll in vocational and technical 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
undergraduate and graduate degrees.
(b) Service members' costs to participate in the DoD Voluntary
Education Program as authorized by law and subject of the availability
of funds, 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) Accredited institutions shall be encouraged to provide degree
programs on military installations and the Military Services shall
facilitate their operations on the installations.
(e) To the extent that space is otherwise available, eligible adult
family members of Service members, DoD civilians and their eligible
adult family members, and DoD retirees may enroll in classes offered on
a full cost basis.
Sec. 68.5 Responsibilities.
(a) The Under Secretary of Defense for Personnel and Readiness
(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 and
this part.
(3) Establish the Interservice Voluntary Education Board, comprised
of full-time or permanent part-time federal employees.
(4) Maintain a program to assess the effectiveness of the voluntary
education programs on military installations.
(5) Issue written policy guidance annually for the funding and
operation
[[Page 47507]]
of the Defense Activity for Non-Traditional Education Support (DANTES).
(b) The Deputy Under Secretary of Defense for Military Community
and Family Policy (DUSD(MC&FP)), under the authority, direction, and
control of the USD(P&R), shall:
(1) Ensure compliance with this part and DoD Directive 1322.08E and
related issuances.
(2) Exercise oversight over the DoD Voluntary Education Program.
(3) Provide ongoing and routine clarifying guidance for the DoD
Voluntary Education Program, to include DANTES.
(4) Provide representatives to professional education and cross-
agency panels addressing issues impacting the DoD voluntary education
programs, its regulatory scope, clientele, and partners.
(5) Designates the Voluntary Education Chief within the Office of
the DUSD(MC&FP) as the chairperson of the Interservice Voluntary
Education Board.
(c) The Interservice Voluntary Education Board, under the
authority, direction, and control of the Voluntary Education Chief
within the Office of the DUSD(MC&FP), is comprised of one
representative from the ASD(RA), and one representative 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 DANTES activities which 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.
(d) The Director, DANTES, under the authority, direction, and
control of the Voluntary Education Chief of the Educational
Opportunities Directorate within the Office of the DUSD(MC&FP), shall:
(1) Support the off-duty, voluntary education programs of DoD and
conduct special projects and developmental activities in support of
education-related DoD functions.
(2) 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 recruitment, retention, and the transition efforts of
DoD.
(3) Assume responsibilities and functions that include:
(i) 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.
(ii) Upon request, issuing transcripts for the United States Armed
Forces Institute and the examination and certification programs.
(iii) Managing the contract through which former DoD Dependents
Schools students can obtain copies of archived transcripts.
(iv) Managing the contract and functions related to the evaluation
of educational experiences in the Armed Forces that are covered by the
contract.
(v) 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.
(vi) Managing the SOC program contract and related functions.
(vii) Managing the DoD contract that provides for periodic third-
party reviews of DoD voluntary education programs (Military Voluntary
Education Review (MVER)).
(viii) Managing the Voluntary Education Programs for Military
Personnel-Management Information System includes gathering, collating,
troubleshooting, and verifying participation and cost data from the
Services. Providing requisite consolidated reports to USD(P&R), per DoD
Instruction 1322.9 (see http://www.dtic.mil/whs/directives/corres/pdf/132209p.pdf).
(ix) Establishing, maintaining, and updating systems and processes
to administer, track, and 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.
(x) Managing the DoD independent study catalog and its support
systems.
(xi) Negotiating, administering, and coordinating contracts for DoD
Worldwide Education Symposia in support of and in conjunction with the
Interservice Voluntary Education Board.
(xii) Establishing, refining, updating, and maintaining a DoD
voluntary education presence on the Internet. Maintain necessary
infrastructure to ensure that information on the Internet is always
current and available to leadership, agency personnel, the public, and
others.
(xiii) Administering the TTT program in accordance with the TTT MOU
negotiated by DoD with the Department of Education, ``Transfer of Funds
to Administer the Troops-to-Teachers Program.'' \1\
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\1\ For copies of this MOU or information on the Troops-to-
Teachers Program, e-mail: [email protected] or call 1-800-231-6242.
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(xiv) 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.
(xv) 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.
(xvi) Serving as the Defense Media Activity's point of contact for
information on DANTES programs for military personnel.
(xvii) Providing support, as requested, to DoD and Service Quality
of Life and Transition support programs.
(xviii) Providing other support in mission areas as directed by
policy guidance issued by the USD(P&R) and the DUSD(MC&FP).
(4) Maintaining 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.
(5) Serving on panels and working groups designated by the
DUSD(MC&FP) or designee.
(6) Serving 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
[[Page 47508]]
agenda, review and analyze DANTES' programs and initiatives outlined in
the prior year's operational plan, and provide minutes after the
meeting.
(7) Maintaining the repository for the DoD Voluntary Education
Partnership MOU between USD(P&R) and Partner Institutions, to include
Service-specific addendums. DANTES will:
(i) Administer the system per guidance from USD(P&R).
(ii) Create and maintain a data base for all signed documents.
(iii) Publish a web-based list of all institutions that have signed
partnership agreements.
(8) Providing data analyses and generate reports required by DoD
and the Interservice Voluntary Education Board as needed.
(e) The Assistant Secretary of Defense for Reserve Affairs
(ASD(RA)), under the authority, direction, and control of the USD(P&R),
shall:
(1) Ensure compliance with this part and DoD Directive 1322.08E and
related issuances.
(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 DUSD(MC&FP).
(f) The Secretaries of the Military Departments shall:
(1) Ensure 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, vocational and/or technical programs,
and programs leading to the award of undergraduate and graduate
degrees.
(3) Ensure sufficient funding is available to provide Service
members with TA support consistent with the requirements in appendices
A, B, C, D, and E to this part.
(4) Ensure educational counseling is available to Service members
so they will have sufficient information and guidance to plan an
appropriate program of study.
(5) Ensure voluntary education programs participate in the
established DoD third party review process (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. 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
DUSD(MC&FP).
(6) Provide an Army, Navy, Air Force, and Marine Corps
representative to serve on the Interservice Voluntary Education Board.
(7) Assign, on a rotating basis, a senior enlisted Service member
in pay grade E-9 to serve as the DANTES enlisted advisor.
(8) Ensure military test control officers and test centers comply
with the policies and procedures published in the DANTES Examination
Program Handbook, available at http://www.dantes.doded.mil/dantes_web/library/docs/deph/part1/part1.pdf.
(9) Ensure 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 to enroll in and complete postsecondary courses that are part
of their approved educational plan leading to an educational goal.
(g) The Secretary of the Navy, as the DoD Executive Agent (DoD EA)
for DANTES per DoD Directive 1322.08E and DoD Directive 5101.1, in
addition to the responsibilities in paragraph (f) of this section,
shall:
(1) Transmit annual policy guidance issued by USD(P&R) to DANTES.
(2) Ensure the Director of DANTES serves as the Executive Secretary
of the Interservice Voluntary Education Board and prepares the agenda
and minutes of meetings.
(3) Ensure the Director of DANTES provides updates on DANTES plans,
operations, and activities to the USD(P&R).
(4) Through its civilian personnel system, will advertise the
position of Director of DANTES when the position is vacated. The
Secretary of the Navy, as the DoD EA, will appoint the Director of
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 accredited undergraduate or graduate education programs.
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 Deputy Under Secretary of Defense (Plans) as
strategic stronghold or immediate investment languages.
(ii) Dominant-in-the-force languages and languages deemed by DoD as
already having sufficient strategic capacity authorized will not be
funded under title 10 of the U.S. Code, except for OCONUS assignments.
(2) TA shall be applied:
(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 $250.00 or less per semester-
hour of credit or its equivalent, 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 15 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 $250.00 per semester-hour
of credit, or its equivalent, the responsible Service, subject to
appropriations, shall pay $250.00 per semester-hour of credit. The
Services shall pay no more than $250.00 per semester-unit for tuition
and fees combined.
(C) Each Service member participating in off-duty, voluntary
education are eligible for up to $4,500.00, in aggregate, for each
fiscal year.
(D) Covered charges include those submitted to the Service by the
educational institution for tuition, instructional fees, laboratory
fees,
[[Page 47509]]
computer fees, and other fees directly related to the specific course
enrollment of that member in that educational institution. TA funds are
not to be used for the purchase of books.
(E) To be eligible to receive TA, a military Service member must
meet the minimum requirement of successfully completing basic training.
In addition, all respective service requirements must be met to include
training qualification, unit assignment, and/or time in service
criteria.
(F) When approved in advance and consistent with paragraphs
(a)(2)(ii)(A) through (D) of this section, Service members may be
reimbursed for charges of an educational institution for certain non-
traditional courses for which, as a matter of policy, payment is not
authorized until proof of completion is provided.
(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 only
if the officer agrees to remain on active duty, other than an officer
serving in the Ready Reserves, for a period of at least 2 years after
the completion of the education or training for which TA was paid (see
10 U.S.C. 2007).
(4) The Secretary concerned may make TA available to a member of
the SELRES if (see 10 U.S.C. 2007):
(i) In the case of a commissioned officer, the officer must agree
to remain a member of the SELRES for at least 4 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 4 years after completion of the
education or training for which TA is paid.
(5) The Secretary concerned may make TA available to a member of
the IRR who has a military occupational specialty designated by the
Secretary concerned if (see 10 U.S.C. 2007):
(i) In the case of a commissioned officer, the officer must agree
to remain a member of the SELRES or IRR for at least 4 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 4 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. 12301 or active duty under 14 U.S.C. 712 are eligible
for TA under paragraph (a)(4) of this section.
(7) Reimbursement for an unfulfilled TA obligation is required as
stipulated in 10 U.S.C. 2005 or 37 U.S.C. 303a(e), as they
appropriately apply to members of the Active and Reserve components.
(8) To retain TA, students 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.
(9) TA shall not be authorized for any course for which a Service
member receives reimbursement in whole or in 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 to pay tuition costs not covered by TA.
(10) Pell Grants may be used in conjunction with TA assistance,
including their use to pay that portion of tuition costs not covered by
TA.
(11) TA shall be provided for courses provided by institutions
awarding degrees based on demonstrated competency, if all of the
conditions in paragraphs (a)(11)(i), (ii), and (iii) of this section
are met:
(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 part-time, less than a full-time
unit load option for active duty personnel taking a bundled course
load.
(iv) 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.
(12) When used for post-secondary training, TA shall be provided
only for courses offered by postsecondary institutions accredited by an
accrediting body recognized by the U.S. Department of Education.
(13) To receive TA, an institution 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 DANTES Web site.
(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 Armed Forces 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 certificate, diploma, or
college degree, signifying satisfactory completion of the educational
program.
(iv) Include an academic skills program, as needed, 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. 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 adjacent
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 train staff to determine program needs, counsel
students, provide testing services, and procure educational programs
and services.
(iii) Adequate and appropriate classroom, laboratory, and office
[[Page 47510]]
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.
(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 Coast Guard when acting as a Military
Service in the Department of 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 to ensure
that the best possible programs are available to their members at each
installation or in their state or area command for Reserve component
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) DoD civilian employees, members of the Reserve Components,
retirees, and eligible adult family members of active duty personnel,
DoD civilian employees, members of the Reserve Components, and retirees
may participate in installation postsecondary education programs on a
space-available basis and at no cost to the individual Service TA
Program.
(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 family members of DoD
personnel, may be allowed to participate in installation educational
programs. While such participation contributes to positive community
relations, participation must be on a student-funded, space-available
basis, after the registration of military personnel, civilian
employees, and eligible adult family members. 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 operating a High School Program, each Military Service shall
ensure the following:
(i) All Service members with less than a high school education
shall have the opportunity to attain a high school diploma or its
equivalent.
(ii) Neither a Military Service nor DANTES shall issue 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) The Military Services shall pay 100 percent of the cost of
high school equivalency instruction or proficiency testing and
credentialing for Service members.
(iv) High school diploma programs must be 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 requests of the
institutions 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 the following information 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, equipment, and supporting services that the
installation will provide without charge.
(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 (distance
learning).
(4) In addition to the information in paragraph (c)(3) of this
section, a military installation seeking to use alternate modes for the
delivery of instruction shall inform potential providers about the
following:
(i) Available computer hardware and supporting equipment.
(ii) Availability of space and level of security that can be
expected.
(iii) 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 (distance
learning, 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 from potential providers, preference
shall be given to those that meet 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) principles 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.
(7) In evaluating proposals from potential alternative delivery
providers, preference shall be given to those that meet the following
additional criteria:
[[Page 47511]]
(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.
(8) In establishing education programs on military installations,
appropriate 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 an 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 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) DANTES. (1) Policy control and recommendations for DANTES shall
be developed with the advice of the Interservice Voluntary Education
Board.
(2) Selection and rating of the Director, DANTES. (i) The
DUSD(MC&FP) 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 Service Secretaries will provide a senior
manager to sit on the search committee. The committee will recommend
the best qualified candidate to the DoD EA for possible appointment as
the Director, DANTES.
(ii) The Director, State Liaison and Educational Opportunity, or
its successor function, will be the rater of the Director, DANTES. The
DUSD(MC&FP) will serve as the second-level rater.
(3) DANTES will:
(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) policy
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.
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 our 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 our Nation's policies and objectives, requires
DoD to sponsor postsecondary educational programs using a variety of
learning modalities, which include instructor-led courses offered
both on-installation and off-installation, as well as distance
learning options. All are designed to support the professional and
personal development and progress of our 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 retirees
ways to advance their personal education and career aspirations,
prepare them for future vocational pursuits, both inside and outside
of DoD, and thus helps strengthen our Nation by producing a well-
educated citizenry. This 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 make 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 nor a guarantee of
program enrollments by DoD personnel, their eligible adult family
members, DoD civilian employees, and retirees in an educational
institution's academic programs, nor 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 the following education programs: 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) Eligible DoD recipients are governed by DoD Instruction
1322.25, DoD Directive 1322.08E, and each Military Service's
policies, regulations, and fiscal constraints.
(2) Outside of the United States, education programs shall be
operated in accordance with guidance from DoD Instruction 1322.25,
DoD Instruction 1322.19, section 518 of Public Law 101-189 (10
United States Code Section 113 note), and under the terms of the
Tri-Services contract currently in effect.
f. This MOU is subject at all times to the rules, guidelines,
and regulations of DoD. Any conflicts between this MOU and such
rules, guidelines, and regulations will be resolved in favor of the
rules, guidelines, or regulations.
3. Educational Institution (Including Certificate and Degree
Granting Educational Institutions) Requirements for TA
a. Have a signed MOU with DoD and adhere to requirements below
prior to being
[[Page 47512]]
eligible to receive TA payments. The MOU includes Service-specific
addenda (see Appendix B, C, D, and E of 32 CFR part 68).
(1) Those educational institutions that have a current MOU with
DoD will sign this MOU at the expiration of their current MOU, or at
the request of DoD or the specific Military Service holding a
separate current MOU.
(2) Educational institutions must comply with this MOU and
Service-specific addenda requirements that do not conflict with
governing rules, guidelines, and regulations. Educational
institutions failing to comply with requirements set forth in this
MOU may receive a letter of warning, denial of establishment of new
programs, termination of the MOU, removal from the installation,
and/or withdrawal of approval of issuance of TA.
b. Must be accredited by an accrediting agency recognized by the
U.S. Department of Education.
c. Agree to support the regulatory guidance provided by DoD and
the Services.
d. Adhere to the Servicemembers Opportunity Colleges (SOC)
Consortium Principles, Criteria, and Military Student Bill of
Rights. (Principles and Criteria available at http://www.soc.aascu.org/socconsortium/PublicationsSOC.html; Bill of Rights
available at http://www.soc.aascu.org/socconsortium/PublicationsSOC.html). SOC Principles are based on the principles
set forth in the Joint Statement on the Transfer and Award of Credit
(available at http://www.acenet.edu/Content/NavigationMenu/ProgramsServices/CLLL/Joint.htm), which were developed by members
from the American Association of Collegiate Registrars and
Admissions Officers (AACRAO), the American Council on Education
(ACE), and the Council for Higher Education Accreditation (CHEA).
e. Recognize, accept, and award credit where appropriate, from
the Army/American Council on Education Registry Transcript System,
the Sailor/Marine American Council on Education Registry Transcript
System, the Community College of the Air Force (CCAF), and the Coast
Guard Institute transcript as the official sources of military
training and experience documentation with corresponding college
credit recommendations, when processing the individual's documented
education plan.
f. Agree to 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 providing postsecondary instruction
not located on the military installation and via distance learning.
4. TA Program Requirements for Educational Institutions
a. One Single TA Rate. Educational institutions will have one
single TA rate for all Service members, regardless of Service
component, within a specific Office of Postsecondary Education
identification number (OPE ID). The OPE ID is assigned by the
Department of Education to institutions approved to participate in
federal student financial aid programs. This single TA rate includes
active duty military members, members of the Reserve components, and
the National Guard.
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.
c. Educational plan.
(1) Institutions will provide an evaluated educational plan to
the Service member and his or her Service upon meeting one of the
following conditions:
(a) Within 60 days after the individual has been accepted for
admission; or
(b) After all required transcripts have been provided; or
(c) After individual has completed 6 semester hours with the
institution.
(2) Institutions will submit a new evaluated educational plan
when a Services' education advisor approves a change in the Service
member's educational goal.
(3) When an educational plan is issued, institutions will not
add, delete, or change course requirements after the student accepts
the education plan and begins the course of study.
d. Approved and Valid 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.
(2) Valid Courses.
(a) Part of an individual's evaluated educational plan; or
(b) Pre-requisites 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.
(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) DoD TA recipients, who also qualify for Pell Grants through
the Department of Education's Free Application for Financial Student
Assistance program, shall have their TA benefits applied to their
educational institution's account prior to the dispersal of their
Pell Grant funds.
f. Administration of Tuition and Fees.
(1) The Services will provide TA in accordance with DoD- and
Service-appropriate regulations. Any additional costs 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/costs
specifically required as a condition of enrollment in a particular
class.
(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) The tuition and fee structure for the degree programs the
institution proposes to offer on the installation must be provided
annually. Any changes in the tuition and fee structure 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.
(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
addenda attached to this MOU.
g. Course Cancellations. Institutions are responsible for
notifying Service members of class cancellations for both classroom
and distance learning 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/registration.
(2) Institution representatives will counsel students to refrain
from purchasing course materials prior to confirmation of sufficient
enrollments for conduct of 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
and/or requesting TA.
(3) Institutions will provide students with electronic access to
their main administrative and academic center's library materials
and professional services, as well as periodicals and books.
i. Graduation Achievement Recognition.
(1) The educational institution shall issue, at no cost to the
Government, documentation 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 institutions
shall provide the Government a list of those TA recipients who have
completed a certificate, diploma, or degree program. The list will
include the degree level, major, and major program requirements
completion date.
(3) The institution shall make no distinction on any credential
to reflect that
[[Page 47513]]
the course(s) or program(s) were not conducted at its main
administrative and academic center.
(4) The institution shall provide students the opportunity to
participate in a graduation ceremony.
j. Reporting Requirements and Performance Metrics.
(1) The institution shall provide electronic reports on all DoD
TA recipients for programs and courses offered to personnel at each
installation as required by the Service. This includes, but is not
limited to, TA transactions, final course grades to include
incompletes and withdrawals, degrees awarded, certificates earned,
documented educational plans, courses offered, class rosters, and
military graduation.
(2) The 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 14 calendar days.
5. Requirements and Responsibilities for the Delivery of On-
Installation Voluntary Education Programs and Services
a. Educational Institutions.
(1) Will agree to have a separate Installation MOU if they have
a Service agreement to provide on-installation courses/degree
programs. The Installation MOU contains the installation-unique
requirements, which 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) Will 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) Will 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 opening
of classes for registration.
(4) Will 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 to:
(a) Active duty, Reserve, and National Guard Personnel;
(b) Eligible adult family members of active duty and Reserve
component personnel;
(c) Federally funded DoD civilian employees;
(d) Military retirees, other DoD personnel and their eligible
adult family members; and civilians (on a space-available basis and
subject to the Installation Commander's authorization) when their
enrollment is in the best interest of the installation's program.
(5) Will 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) Will 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) Will inform the installation education advisor about class
cancellations for classroom-based classes on military installations
no later than seven calendar days prior to the beginning of the
term.
b. Military Service on the Installation.
(1) 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:
(a) Classroom and office space, as available. The Service will
determine the adequacy of provided space.
(b) 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.
(c) Standard office and classroom furnishings within available
resources. No specialized equipment will be provided.
(d) Janitorial services in accordance with installation facility
management policies and contracts.
c. The Service reserves the right to disapprove installation
access to any employee of the institution employed to carry out any
part of this MOU.
d. Operation of a privately owned vehicle by institution
employees on the installation will be governed by the installation's
policies.
e. 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, Changes, Signatures, Effective Date, and Expiration Date
a. Review. The signatories (or their successors) will review
this MOU periodically in coordination with the Services, but no less
than every 5 years to consider items such as current accreditation
status, updated program offerings, and program delivery services.
b. Changes. Changes to this MOU will be in writing and shall be
subject to approval by both of the signatories below, or their
successors.
c. Signatures. The authorized signatory for DoD will be
designated by the USD(P&R). The authorized signatory for the
institutions will be determined by the institution.
d. Effective Date. This MOU is effective on the last date of
signature below.
e. Expiration Date. This MOU will expire 5 years from the
effective date below, unless terminated or updated prior to that
date in writing by DoD or the Institution. The notice period is 30
days following a written termination notification.
FOR the DEPARTMENT OF DEFENSE:
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DESIGNATED SIGNATOR
DATE:------------------------------------------------------------------
FOR THE INSTITUTION:
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PRESIDENT or Designee
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DATE:------------------------------------------------------------------
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 active duty personnel, reservists, eligible retired
military personnel, and DoD employees, civilians, and the eligible
adult family members 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 will:
(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
Education and Training Section (ETS) to counsel current students,
provide information briefings and materials, attend Education Fairs,
and other informational services approved by the Installation
Commander. Approval of such requests by the ETS Chief will be based
on space/time availability as well as need of the installation
population.
(3) Assist the Institution with registration and training in the
Academic Institution Portal (AI Portal) to input basic Institution
information, degree offerings, tuition rates, grades, invoices, and
search tools pre-built into the AF on-line Voluntary Education
system.
[[Page 47514]]
b. Institutions will:
(1) Appoint and designate an Institution representative to
maintain a continuing liaison with the USAF ETS Chief.
(2) Provide a basic education plan to each Airman and the ETS as
soon as he/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) Counsel interested Airmen on Academic Institution (AI)
policies, to include but not limited to course withdrawal dates and
penalties, course cancellation procedures, course grade publication,
fees (covered by military tuition assistance (TA) and not covered by
military TA), billing practices, and policy regarding incompletion
of a course.
(5) Register and use the AI Portal to input AI basic
information, degree offerings, tuition rates, invoice submission,
course grades submission, 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 the Mil TA. Submission will be made during the term, no later
than 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 AI accepts credit cards for any part of AI business.
(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.
(10) All Institutions with no on-installation MOU will 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
approved by the Installation Commander. Approval of such requests by
the ETS Chief will be based on space/time availability as well as
need of the installation population in accordance with installation
policy.
(11) 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 military tuition assistance (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. Release and waive all claims against the United States, its
agents, officers, and employees arising out of the use of Air Force
facilities, equipment, supplies, and services, by the Institution,
its officers, agents, employees, and non-DoD affiliated students.
The Institution further agrees to defend, pay, or settle all claims
arising out of the use of Air Force facilities based upon the
negligence, gross negligence, or willful misconduct of its agents,
officers, employees, and non-DoD affiliated students. The
Institution will hold the United States harmless from any claims
arising out of the acts or omissions of the Institution its agents,
representatives, officers, employees, and non-DoD affiliated
students.
d. Cancellation provision. This addendum may be cancelled by
either the USAF or Institution 30 days following the receipt of
written notification from the cancelling party.
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 active duty personnel, reservists, eligible retired military
personnel, and DoD employees, civilians, and the adult family
members 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 United States Army to
provide funds to the Institution that would be contrary to Federal
law.
2. Responsibilities.
a. Army Education Services Officer (ESO) will: In support of
this addendum, 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. 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's (ACES) centralized and streamlined
management system for the Army's postsecondary voluntary education
programs. Existing Memorandums of Understanding/Agreements, 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.
c. Cancellation provision. This addendum may be cancelled by
either the Army or Institution 30 days following the receipt of
written notification from the cancelling party.
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 active duty personnel, reservists, eligible retired military
personnel, and Department of Defense (DoD) employees, civilians, and
the adult eligible family members 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 United States
Marine Corps to provide funds to the Institution that would be
contrary to Federal law.
2. Responsibilities.
a. Marine Corps Education Services Officer (ESO) will: In
support of this addendum, 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 will:
(1) Appoint and designate an Institution representative to
maintain a continuing liaison with the Marine ESO.
(2) Be responsible, through its faculty and administration, for
making sure that adequate print and non-print media resources to
support all courses being offered are available at base/installation
library facilities, on-site institution resource area, and/or via
electronic transmission. Special resources for individual courses,
including copies of relevant periodicals, should be placed in the
base/installation library or made available by the Institution.
(3) Provide open enrollment in courses conducted through media
(e.g., portable media devices or computer-aided). Those courses
shall be on an individual enrollment basis.
(4) Provide all required equipment when the Institution provides
instruction via media.
(5) 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
[[Page 47515]]
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 which may allow the student to order material and have it
mailed to their residence).
(6) Route locally generated publicity through the base ESO.
(7) 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, ``Joint Ethics Regulation.'' 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, Formal Grades, and Cancellation
Provision.
a. Invoices from institutions must be forwarded to: NETPDTC
(Code N8115) Pensacola, FL 32509-5241 within 30 days of course
completion.
b. All invoices must have the student name (if more than one
name, alphabetically by last name), social security number, course
number and description, government cost for each course, and total
amount of invoice.
c. All invoices must have an invoice number and date.
d. If the institution has any problems with the billing of an
invoice, the institution must notify NETPDTC (Code N8115) Pensacola,
FL 32509-5241.
e. Grade reports will be provided to NETPDTC (Code N8115) within
30 days of term ending date or completion of the course, whichever
is earlier.
f. Cancellation provision. This addendum may be cancelled by
either the Marine Corps or Institution 30 days following the receipt
of written notification from the cancelling party.
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
United States Navy. The purpose of this agreement is to provide
guidelines and procedures for the delivery of educational services
to active duty personnel, reservists, eligible retired military
personnel, and the Department of Defense (DoD) employees, civilians,
and the adult family members not covered in the DoD Voluntary
Education Partnership Memorandum 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. This agreement may be amended by the Navy
because of changes in statute, executive order, Navy directive, or
other federal, state, or local government requirement. Other
proposed amendments shall be communicated in writing to the other
party, and that party shall have 90 days to provide a written
response, and such amendments will only be made upon mutual consent
of the parties. This addendum does not extend to any third party
contracts between the educational institution and other non-
educational institutions.
2. Responsibilities.
a. Commanding Officer responsible for execution of the Voluntary
Education program shall:
(1) Be responsible for determining the local voluntary education
program needs for the Navy population to be served and for
recommending to the installation commander the educational programs
to be offered on the base;
(2) Administer this agreement and provide program management
support;
(3) Change Education Services Officer (ESO) to Navy College
Office Staff;
(4) Manage the Navy College program Distance Learning
Partnership (NCPDLP) agreements.
b. Navy ESO will: In support of this addendum, maintain a
continuing liaison with the 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 Navy culture
orientation to the Institution personnel.
c. Institution will:
(1) For distance learning partner institution, comply with
NCPDLP agreements.
(2) Appoint and designate an Institution Representative to
maintain a continuing liaison with the Navy College Office Staff.
(3) Comply with Wide Area Work Flow processes for invoicing of
tuition assistance.
(4) Provide a link to the academic institution through the Navy
College Program Web Site, only if designated as NCPDLP school.
(5) Display the academic institution's advertising materials
(i.e., pamphlets, posters, and brochures) at all Navy College
Offices, only if designated as NCPDLP school.
(6) Upon request of the Navy College Office, provide and arrange
access to the library and other academic reference and research
resources in print or on-line format that are appropriate or
necessary to support the courses offered. In addition, these library
resource arrangements will be in accordance with the standards of
the institution's accrediting association and the State Regulatory
Agency having jurisdiction over the academic institution.
(7) Respond to e-mail message from students within one workday.
Ensure toll-free telephonic access to academic counseling. Such
telephonic access shall be available both in the continental United
States and overseas.
(8) Comply with host command procedures before starting
instructor-based courses on any Navy installation. The Navy College
Office shall negotiate a separate agreement with the academic
institution in concert with the host command procedures.
(9) Mail an official transcript indicating degree completion, at
no cost to the Sailor or the government to the following address:
Navy College Center, VOLED DET N211, Center for Personal and
Professional Development, 6490 Saufley Field Road, Pensacola, FL
32509-5204.
d. Other responsibilities. Except as otherwise provided in the
agreement, any dispute concerning an interpretation of, or a
question of fact arising under this agreement which is not disposed
of by mutual consent shall be decided by the Commanding Officer
CPPD. This decision shall be in writing and constitute the final
administrative determination.
e. Cancellation provision. This addendum may be cancelled by
either the Navy or Institution 30 days following the receipt of
written notification from the cancelling party.
Dated: July 26, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-19314 Filed 8-5-10; 8:45 am]
BILLING CODE 5001-06-P