Rep. Messer Works to Help Veterans Harmed
by ITT Tech Shut Down, Other School Closures
Student Vets Share Their Stories

WASHINGTON (Thursday, March 2, 2017) — Rep. Luke Messer (IN-06) is working to restore GI Bill educational benefits to veterans harmed by school closures, like the recent closure of Indiana-based ITT Technical Institute.

ITT Tech closed its doors in September of 2016, impacting 130 campuses nationwide and an estimated 40,000 students, including more than 7,000 veterans. While many students have been able to discharge loans in the wake of ITT Tech’s closure, veterans have not received any relief or reinstatement of their earned GI Bill benefits.

Messer reintroduced his bill, Protecting Veterans from School Closures Act, to allow veterans to recover their GI Bill educational benefits if they used their benefits to attend a college or university that closes, like ITT Tech.

“Our veterans count on their GI Bill education benefits to earn a degree and find a good job after serving our country,” Messer said. “Through no fault of their own, veteran students at ITT Tech lost this opportunity. These vets deserve our support and a path forward to complete their education.”

Many veterans impacted by ITT Tech’s closure have struggled with transferring credits and, in some cases, have been forced to start their education over. Several veterans across the country shared their stories with Messer’s office.

“Before ITT Tech closed, I was on track to graduate this June with a project management degree. I transferred to DeVry but it set me back, and now my GI Bill benefits will expire before I can get a degree. Without my benefits that enable me to attend school while supporting my wife and four kids, I’ll have to drop out.”

Kevin from Arizona, served from 1990-2010 in the U.S. Navy

 

“I’m looking at not having the benefits I thought I would have when I started my college journey. I’m worried about how I will afford it, especially after just getting married and with hopes of starting a family. A majority of people I went to school with at ITT were veterans, and I’m sure they’re all hurting pretty bad.”

Shelby from Washington State, served in the Army National Guard and served tours in Iraq, Kuwait and Afghanistan

 

“I’ve had to completely start my education over at Phoenix University. None of my credits transferred. This has been a waste of money and has been very frustrating.”

Daniel from Nevada, served in the U.S. Army and served two tours in Afghanistan

 

Messer’s bill, H.R. 1216, has garnered support from veterans groups, including the American Legion, Student Veterans of America and Veterans Education Success.

“Veterans who attended failed institutions have had their GI Bill taken away from them through no fault of their own,” National Commander of the American Legion Charles Schmidt said in his letter of support. “They deserve more from us, and it is critical that we provide protections for the full benefits they earned while serving America honorably.”

“For student veterans who experienced the hardship of being left with no degree of value, lost GI Bill benefits, and a poor prospect for future employment, something must be done,” President and CEO of Student Veterans of America Jared Lyon said in his letter of support.  “We are very pleased that Rep. Messer has taken up the charge of this challenge.”

“[This] bill is very important in establishing a practical means to ensure veterans can successfully complete their program of study and realize their full potential, following service in our Armed Forces,” said President of Veterans Education Success Carrie Wofford, in her letter of support. “A grateful nation owes them no less.”

Messer previously led the charge to restore Pell Grant eligibility to students who were using the grants to attend ITT Technical Institute. At Messer’s urging, the Department of Education agreed to restore Pell Grants to an estimated 16,000 former ITT Tech students enabling them to finish their degrees elsewhere.

Hoosier veterans can share their stories with Rep. Messer’s Office by calling 202-225-3021.

Student Vets Share Their Stories

WASHINGTON (Thursday, March 2, 2017) — Rep. Luke Messer (IN-06) is working to restore GI Bill educational benefits to veterans harmed by school closures, like the recent closure of Indiana-based ITT Technical Institute.

ITT Tech closed its doors in September of 2016, impacting 130 campuses nationwide and an estimated 40,000 students, including more than 7,000 veterans. While many students have been able to discharge loans in the wake of ITT Tech’s closure, veterans have not received any relief or reinstatement of their earned GI Bill benefits.

Messer reintroduced his bill, Protecting Veterans from School Closures Act, to allow veterans to recover their GI Bill educational benefits if they used their benefits to attend a college or university that closes, like ITT Tech.

“Our veterans count on their GI Bill education benefits to earn a degree and find a good job after serving our country,” Messer said. “Through no fault of their own, veteran students at ITT Tech lost this opportunity. These vets deserve our support and a path forward to complete their education.”

Many veterans impacted by ITT Tech’s closure have struggled with transferring credits and, in some cases, have been forced to start their education over. Several veterans across the country shared their stories with Messer’s office.

“Before ITT Tech closed, I was on track to graduate this June with a project management degree. I transferred to DeVry but it set me back, and now my GI Bill benefits will expire before I can get a degree. Without my benefits that enable me to attend school while supporting my wife and four kids, I’ll have to drop out.”

Kevin from Arizona, served from 1990-2010 in the U.S. Navy

 

“I’m looking at not having the benefits I thought I would have when I started my college journey. I’m worried about how I will afford it, especially after just getting married and with hopes of starting a family. A majority of people I went to school with at ITT were veterans, and I’m sure they’re all hurting pretty bad.”

Shelby from Washington State, served in the Army National Guard and served tours in Iraq, Kuwait and Afghanistan

 

“I’ve had to completely start my education over at Phoenix University. None of my credits transferred. This has been a waste of money and has been very frustrating.”

Daniel from Nevada, served in the U.S. Army and served two tours in Afghanistan

 

Messer’s bill, H.R. 1216, has garnered support from veterans groups, including the American Legion, Student Veterans of America and Veterans Education Success.

“Veterans who attended failed institutions have had their GI Bill taken away from them through no fault of their own,” National Commander of the American Legion Charles Schmidt said in his letter of support. “They deserve more from us, and it is critical that we provide protections for the full benefits they earned while serving America honorably.”

“For student veterans who experienced the hardship of being left with no degree of value, lost GI Bill benefits, and a poor prospect for future employment, something must be done,” President and CEO of Student Veterans of America Jared Lyon said in his letter of support.  “We are very pleased that Rep. Messer has taken up the charge of this challenge.”

“[This] bill is very important in establishing a practical means to ensure veterans can successfully complete their program of study and realize their full potential, following service in our Armed Forces,” said President of Veterans Education Success Carrie Wofford, in her letter of support. “A grateful nation owes them no less.”

Messer previously led the charge to restore Pell Grant eligibility to students who were using the grants to attend ITT Technical Institute. At Messer’s urging, the Department of Education agreed to restore Pell Grants to an estimated 16,000 former ITT Tech students enabling them to finish their degrees elsewhere.

Hoosier veterans can share their stories with Rep. Messer’s Office by calling 202-225-3021.

Defendant Who Requests Right To Speak Should Be Allowed To Speak, COA Rules

Olivia Covington for www.theindianalawyer.com

A Marion County woman will be given an opportunity to urge the court not to revoke her placement in a work release program after the Indiana Court of Appeals held Thursday that the trial court had violated her right to allocution by refusing to let her speak.

In Larenda Jones v. State of Indiana, 49A05-1606-CR-1433, Larenda Jones pleaded guilty to Level 5 felony battery against a public safety officer and was sentenced to three years, with two years on home detention through Marion County Community Corrections and one year suspended to probation.

A few months after her sentencing, Jones admitted to violating the terms of her home detention, so the Marion Superior Court revoked her home detention placement and instead ordered her to a work release program at the Craine House Residential Center. However, the state soon presented evidence alleging that Jones had gotten into physical and verbal altercations with other inmates at the center, requiring the intervention of the Craine House staff.

Jones testified at a subsequent hearing that she had not been taking her medications for her mental health issues and further claimed that the two incidents in question were not as bad as the state had presented them to be. However, the trial court once against found that Jones had violated the terms of her placement, so she was ordered to serve two years in the Department of Correction and one year on “strict compliance” probation.

During a discussion about credit time, the trial court denied Jones’ request to interject and further told her that it could not provide her with a specific release date from the DOC. On appeal, Jones claimed that the court was required to inform her of possible release dates under Indiana Code 35-38-1-1, but the Indiana Court of Appeals disagreed in a Thursday opinion.

Judge Paul Mathias, writing for the appellate court, said the panel agreed with the state’s argument that I.C. 35-38-1-1 only applies to when the trial court is pronouncing an initial sentence, not a sentence related to probation revocation proceedings.  The appellate court based that decision on the Indiana Supreme Court’s holding in Vicory v. State, 802 N.E.2d 426, 429 (Ind. 2004), which dealt with a similar issue under I.C. 35-38-1-5.

However, the appellate panel agreed that the court had denied Jones’ right to allocution.  Under Vicory, the court held that “when the situation presents itself in which the defendant specifically requests the court to make a statement, as it did here, the request should be granted.”

“Thus, although the trial court was not required to ask Jones if she wished to make a statement, once she expressed a desire to make such a statement, the trial court should have allowed her to do so, as due process required that she be permitted to speak,” Mathias wrote.

The appellate court, therefore, reversed the revocation of Jones’ placement in work release and remanded with instructions to allow her to make a statement to the court as to why her placement should not be revoked.

Judge John Baker, writing in a separate concurring opinion, urged the Indiana Supreme Court to revisit its interpretation of the right of allocution under I.C. 35-38-1-5.