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[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

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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
```