Update on the Veterans Choice Act: What Section 702 Means for You

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Military members wishing to continue their education can find that there are a variety of financial assistance programs to help fund their endeavors. Programs such as the Montgomery GI Bill, the Post 9/11 GI Bill and in-state Tuition Assistance (DVIDS).

The original Veterans Access, Choice, and Accountability Act of 2014 (also the Choice Act) primarily focused on healthcare access and VA accountability, but it also included provisions for educational benefits. More specifically, it extended in-state tuition rates to eligible veterans using the GI Bill or Veteran Readiness and Employment (VR&E) programs. Beneficiaries can receive in-state tuition rates from the same state as their school’s location. 

Now known as the Veterans Choice Act, Section 702 of the Act established in-state tuition rates for eligible GI Bill beneficiaries at public colleges and universities. 

Origins and Overview of the Choice Act

It can be confusing at first to understand how the legislation initially enacted certain programs and which aspects of it were updated or replaced. Here is a quick overview. The Veterans Choice Program under the Veterans Access, Choice, and Accountability Act, was succeeded by the MISSION Act of 2018, which included the VA Community Care Program. The goal was to address the VA’s ability to provide timely healthcare and improve its overall delivery and quality. These measures made non-VA providers more accessible and allowed veterans who resided more than 40 miles from a VA medical center with options. Aside from enhancing medical care, the legislation addressed poor performance from Senior Executive Service employees, ultimately leading to their demotion or removal, if warranted. Finally, it aimed to improve educational benefits to veterans and their dependents by requiring public colleges and universities to provide in-state tuition and expand the Fry Scholarship program with full Post-9/11 GI Bill benefits to spouses of deceased servicemembers. 

Today, Section 702 of the Veterans Access, Choice, and Accountability Act continues to waive out-of-state tuition rates for eligible veterans and their dependents. See text excerpt below from the 113th Congress Public Law No: 113-146

SEC. 702. APPROVAL OF COURSES OF EDUCATION PROVIDED BY PUBLIC INSTITUTIONS OF HIGHER LEARNING FOR PUR POSES OF ALL-VOLUNTEER FORCE EDUCATIONAL ASSIST ANCE PROGRAM AND POST-9/11 EDUCATIONAL ASSIST ANCE CONDITIONAL ON IN-STATE TUITION RATE FOR VET ERANS. (a) IN GENERAL.—Section 3679 of title 38, United States Code, is amended by adding at the end the following new subsection: ‘‘(c)(1) Notwithstanding any other provision of this chapter and subject to paragraphs (3) through (6), the Secretary shall disapprove a course of education provided by a public institution of higher learning to a covered individual pursuing a course of education with educational assistance under chapter 30 or 33 of this title while living in the State in which the public institution of higher learning is located if the institution charges tuition and fees for that course for the covered individual at a rate that is higher than the rate the institution charges for tuition and fees for that course for residents of the State in which the institution is located, regardless of the covered individual’s State of residence. 

Title VII: Other Veterans Matters - (Sec. 701) Expands the Marine Gunnery Sergeant John David Fry Scholarship to include surviving spouses (currently, children) of service members who die in the line of duty on or after September 11, 2001.

  • Terminates a surviving spouse's entitlement to such assistance on the earlier of: (1) the date that is 15 years after the date on which the surviving spouse's military spouse died, or (2) the date on which the surviving spouse remarries.
  • Requires a surviving spouse entitled to such assistance and to veterans' educational assistance under the Montgomery GI Bill to elect a single coverage.
  • (Sec. 702) Directs the Secretary to disapprove, for purposes of the All-Volunteer Force and the Post-9/11 Educational Assistance programs, courses of education provided by a public educational institution of higher education (IHE) that charges veterans living in the state higher tuition and fees than it charges in-state residents, regardless of the veteran's state of residence. Makes this provision applicable to: (1) veterans who were discharged or released from at least 90 days of active service less than three years before their date of enrollment in the applicable course, (2) family members eligible for such assistance due to their relationship to such veterans, and (3) courses that commence on or after July 1, 2015.
Dr. Marc CB Maxwell, Education Services Specialist, U.S. Army Garrison Ansbach Education Center, explains the differences in education benefits that are available to Veterans, service members and their dependents during a GI Bill community session (DVIDS).

Understanding the Veterans Choice Act

The Veterans Choice Act ensures that higher out-of-state tuition costs are not charged to veterans and dependents. It serves as a non-resident tuition waiver, but it does not grant state residency. States, like Idaho and Florida, assist military students with gaining their residency at public colleges and universities, which is the recommended route for those intending to live in the same state as their postsecondary public institution. However, not all states have implemented laws and streamlined processes to support veteran students and their dependents, so it is important to be aware. 

Individuals who are covered by the Choice Act and enrolled in school still may be required to show intent to become a legal resident. The Student Veterans of America organization put together this In-State Tuition Map tool for support.

Current Affairs: Impacts to the Choice Act

The In-State Tuition Rates Under the Veterans Choice Act website directs veteran students to their School Certifying Official (SCO) or GI Bill hotline at 888-442-4551 if they were accidentally charged out-of-state tuition. However, the hotline is temporarily closed. 

The House Committee on Veterans’ Affairs recent October 9, 2025 press release notably called out the real implications of the government shutdown on the VA’s services and GI Bill education benefits. While core services are intended to remain, such as GI Bill payments, the reality is that there are a growing backlog and limited support. 

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