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In-State Tuition for military Dependants: Guidance

hats Virginia State Law HB524 Guidance
for Obtaining In-State Tuition for Military Dependants
 

§ 23-7.4 "E. Notwithstanding any other provision of law, all dependents, as defined by 37 U.S.C. 401, of active duty military personnel, or activated or temporarily mobilized reservists or guard members, assigned to a permanent duty station  or workplace geographically located in Virginia or in a state contiguous to Virginia or the District of Columbia, who reside in Virginia shall be deemed to be domiciled in Virginia for purposes of eligibility for in-state tuition and shall be eligible to receive in-state tuition in Virginia in accordance with this section. All such dependents shall be afforded the same educational benefits as any other individual receiving in-state tuition pursuant to this section. Such benefits and in-state tuition status shall continue so long as they are continuously enrolled inan institution of higher education in Virginia or are transferring between Virginia institutions of higher education or from an undergraduate degree program to a graduate degree program, regardless of any change of duty station or residence of the military service member.”

 

For the purpose of this subsection:

“Temporarily mobilized” means activated for service for six months or more.

•  Effective date - March 27, 2008.  Date of the alleged entitlement means the date of admission or acceptance for dependents currently residing in Virginia of the final add/drop date for dependents of members newly transferred to Virginia.

•  Affects dependents of military personnel - Does not affect the review process for the active-duty military member, but applies only to their dependents. For purposes of this legislation, the definition of "dependent" shall mean a "military dependent" under military guidelines as defined by 37 U.S.C. §401.

•  Military assignment - Affects only those families whose military member is assigned to a permanent duty station or workplace geographically located in Virginia, or in a state contiguous to Virginia or the District of Columbia, who resdie in Virginia shall be deemed to be domiciled in Virginia for purposes of eligibility for in-state tuition. Temporary assignments do not qualify nor do assignments to a base located outside of the Commonwealth.

•  Residence - The military member and dependent must have a physical residence within Virginia . Such residence may include base, rental, or other temporary housing. Temporary deployment (i.e. to overseas station) does not disqualify the family members as long as a residence is maintained in Virginia .

•  Benefits - The law says "...shall be afforded the same educational benefits as any other individual receiving in-state tuition..." This includes state financial aid and treatment as in-state for admissions and all other reporting purposes.

•  Students affected - The law is applicable to all who meet the eligibility requirements, meaning that it is not restricted to new enrollments. Continuing students may be reviewed for eligibility. The Code does not require that the eligibility conditions pre-exist for any set amount of time, only that the conditions exist as of the date of admission or acceptance for dependents currently residing in Virginia or the final add/drop date for dependents of members newly transferred to Virginia. The reclassification process is available to a student initially classified as out-of-state but who meets the eligibility requirements in a subsequent term.

•  Continued eligibility - After initial eligibility, continued eligibility is based solely upon continuous enrollment of the student, not on the status of military personnel. Continuous enrollment shall be recognized as at least one course for credit in consecutive fall - spring - fall (etc.) terms. Lack of summer enrollment does not disqualify the student . If the student breaks enrollment but meets the initial eligibility requirements upon reenrollment, the student remains eligible for in-state tuition.

•  Effect on transfer students - Eligibility is not lost if student is continuously enrolled but transfers within Virginia institutions of higher education which would include all public and private institutions which are accredited, degree-granting institutions of higher education that are formed, chartered, or established within Virginia.

•  Suggested Documentation - A copy of the military orders verifying active duty military status and permanent duty station within Virginia ; documentation verifying Virginia residence; and copy of military dependent card issued by the military.

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