Virginia House and Senate Will Take Up Military Tuition Benefit on Different Days

For much of the past week, some Virginia political leaders have been conveying a message that the General Assembly will undo a recent policy change that angered military families.

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But it became clear Thursday that the state Senate and House of Delegates haven’t agreed yet on a way out of the controversy surrounding the Virginia Military Survivors and Dependents Education Program. The program waives college tuition expenses for spouses and children of military members who were killed or severely disabled as a result of their service.

Senate leaders announced their chamber will return to Richmond on June 18, which is 10 days before the June 28 date the House had already selected. That schedule raises numerous logistical questions about what might happen if the two legislative chambers meet on different days to try to pass different bills on the same topic.

Participation in the VMSDEP program has spiked over the past five years, sparking concern among higher ed leaders that they were being asked to educate a growing number of students for free. The General Assembly’s attempt to reduce those costs by putting limits on the program has drawn fiery opposition from veterans’ groups. And the public pushback has forced political leaders into a difficult choice over whether to retreat or stand firm on the need to quickly address VMSDEP’s growing financial impact.

The recent revisions to the program impose a stricter Virginia residency requirement, prevents the waivers from being used for advanced degrees or a second undergraduate degree and requires participants to first pursue other forms of financial aid and only use VMSDEP for remaining costs.

In a news release, Senate Democrats indicated they won’t push for a complete repeal of recent changes limiting eligibility for VMSDEP benefits. They’ll instead pursue a partial rollback, which conflicts with the full repeal stance taken by Gov. Glenn Youngkin and House leaders.

“If we were to put it back in place there’d be a huge rush to sign up for the program,” Senate Majority Leader Scott Surovell, D-Fairfax, said in an interview Thursday. “And then we’re probably looking at a program that costs well over $100M that’s even harder to make adjustments to.”

In the release, Senate Finance and Appropriations Chair Louise Lucas, D-Portsmouth, noted that the budget containing the disputed VMSDEP overhaul passed with bipartisan support.

“We are committed to taking this necessary step to rectify unintended consequences as we continue to work together to conduct an independent review to find a long-term solution for VMSDEP,” Lucas said in the Senate Democrats’ release. “After my personal experience with massive resistance, I have dedicated my entire legislative career to ensure that everyone can access educational opportunities and reach their full potential. Our budget reflects this belief and the proposed changes reinforce my support for all students.”

The lack of agreement by the two General Assembly chambers, both of which are controlled by Democrats, could add more fuel to the controversy that erupted after the swift passage of an overdue state budget last month.

“The idea that Senator Lucas thinks it is acceptable to go rogue on this issue makes it clear she does not value veterans,” said Kayla Owen, a military spouse and co-founder of the Friends of VMSDEP advocacy group that’s been pressuring lawmakers to restore the program to the way it was before the budget passed.

Senate Democrats pointed to state data showing the program ballooning from 1,387 students in 2019 to 6,125 students in 2023, which has pushed the financial impact to an estimated $65.3 million per year.

That growth has sparked bipartisan concern, but leaders have struggled with how to balance sympathy for veterans with worries that the state has created an overly generous program that makes college virtually free for some families and more expensive for everyone else.

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Advocates for military families have questioned that assertion and disputed the state’s cost estimates, arguing that adding up the amount of uncollected tuition isn’t necessarily an accurate metric for determining VMSDEP costs.

Democratic leaders in the Senate said the legislation they’ll introduce will ensure that anyone using VMSDEP to enroll in classes this fall won’t be impacted by the eligibility changes, exempt the families of veterans killed or wounded in combat with a 90% disability rating, require more guidance from the state on how to interpret the new rules and direct the Joint Legislative and Audit Review Commission to study VMSDEP prior to the 2025 General Assembly session.

That approach would keep some of the cost-cutting measures in place without erasing them all and starting over under a full repeal.

Pro-VMSDEP activists say that partial restoration of the program would exclude families impacted by post-traumatic stress disorder and service members who were killed or injured in training accidents or other non-combat scenarios.

It’s unclear how the House and Senate might resolve their differences, but the Senate going first could give the upper chamber more power to dictate the terms of what the VMSDEP fix will be. However, several Senate Democrats have expressed support for full repeal of the changes, casting uncertainty over whether caucus leadership would have the votes necessary to pass the bill described in Thursday’s release.

The House appears to be sticking with its plan for a full reversal of the VMSDEP changes. In a statement issued Thursday, House Appropriations Chairman Luke Torian, D-Prince William, said he’ll sponsor legislation “to restore the program to its previous form” as a task force convened by the governor works on longer-term policy recommendations. A full repeal bill sponsored by Torian and a bipartisan group of delegates who have worked on the issue was pre-filed Thursday.

“Veterans have many choices when deciding where to call home, and this program is a major reason why some families choose Virginia after their service,” Del. Jackie Glass, D-Norfolk, said in the release from Torian’s office. “I’ve heard from countless families in my district and throughout the Commonwealth about how these changes have disrupted their children’s lives and spouses’ efforts to further their education.”

The governor also indicated he still wants to see the VMSDEP changes completely reversed. In a social media post Thursday afternoon, Youngkin said “it’s time to come together and for the General Assembly to send me a clean bill that solely and fully repeals and reverses the eligibility changes made to VMSDEP.”

by Graham Moomaw, Virginia Mercury

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