Washington, D.C. (May 6, 2014) Today, the Enlisted Association of the National Guard of the United States (EANGUS) with the support of the National Guard Association of the United States (NGAUS) released a legal analysis of legislation being considered by the state of California. Assembly Bill 2099 (AB 2099) would restrict the ability of student veterans to use their Post 9/11 GI Bill at federally authorized, accredited institutions in California. The analysis of AB 2099 was prepared by EANGUS, with the help of law firm Bancroft PLLC, and concludes that AB 2099 is not applied equitably and conflicts with federal law.

EANGUS believes that California’s enactment of AB 2099 would penalize student veterans and set a bad precedent that may prompt similar attempts to improperly alter federal eligibility requirements for veteran benefits by other states. The bill restricts veterans’ rights to choose federally authorized, accredited schools based on flawed graduation rate data.
“This legislation is detrimental to the members of EANGUS and the soldiers and airmen it represents,” said EANGUS Director of Government Relations Daniel Elkins. “It restricts educational choice based on past performance of non-veterans and is a step in the wrong direction.”

If enacted, AB 2099 would limit a student veteran’s ability to use their benefits at a school of their choice. Schools that are approved by regional and nationally recognized accrediting bodies that meet all the necessary federal requirements would be forced to turn away veteran students. California EANGUS President CSM (Ret) Harry James Courtney has deep reservations with the proposed legislation regarding the mobility of veterans to move to different states while continuing their studies. “This bill limits the ability of veterans to choose a school. This bill will place limitations on federal benefits that was earned by the blood and sacrifice of our Soldiers and Airmen.”

EANGUS strongly supports the GI Bill as enacted by Congress and implemented by the U.S. Department of Veterans Affairs. EANGUS supports comprehensive efforts to improve accountability and transparency for student veterans. For example, EANGUS advocated for federal legislation signed into law by President Obama that put a sophisticated federal complaint tracking system into place. The Federal Trade Commission, in partnership with the Department of Defense, VA, and several other federal agencies, have created customized online reporting forms in collaboration with the Department of Justice and the Consumer Financial Protection Bureau that veterans and servicemembers can use to file complaints about education institutions.

Students can file complaints with the VA and DoD: directly about the cost of attendance, marketing, graduation rates, program quality, employment prospects, and course credit. EANGUS has already seen evidence that this new system is helping the government identify and address fraudulent and deceptive practices targeted toward soldiers, veterans, and dependents that use military education benefits.

EANGUS calls on state and federal lawmakers and the military and veteran community to come together and closely examine the significant problems associated with AB 2099 in order to properly protect the GI Bill. EANGUS is concerned that if California enacts such a restriction on the GI Bill, other states may enact similar legislation leading to a patchwork of state regulations in which the GI Bill would differ from state to state. This legislation will set a precedent to change the GI Bill and penalize veterans and is a disservice to the soldiers and airmen that sacrificed to earn their Post 9/11 GI Bill. Click here for more information, including our white paper on AB 2099. Click here for a full report on this Bill. Click here for the Bill.

About EANGUS: The association serves 45,000 active members and works to advance the interests of 412,000 enlisted personnel serving their fellow citizens in their home states and when mobilized for overseas duty. Reflecting the spirit of America in over 3,000 communities across the nation, the men and women of the National Guard serve to defend their nation from threats abroad as well as to respond to natural and manmade disasters in their home state. For more information or to join, visit our website at www.eangus.org

Contact Daniel Elkins, Director of Government Affairs.
Office: 703-519-3846 Email: Daniel.Elkins@eangus.org