23-7.4:2 - Eligibility for in-state or reduced tuition for students not domiciled in Virginia; tuition grants ...
§ 23-7.4:2. Eligibility for in-state or reduced tuition for students notdomiciled in Virginia; tuition grants for members of the National Guard ofthe Commonwealth of Virginia.
A. Students who live outside this Commonwealth and have been employed fulltime inside Virginia for at least one year immediately prior to the date ofthe alleged entitlement for in-state tuition shall be eligible for in-statetuition charges if such student has paid Virginia income taxes on all taxableincome earned in this Commonwealth for the tax year prior to the date of thealleged entitlement. Students claimed as dependents for federal and Virginiaincome tax purposes who live outside this Commonwealth shall become eligiblefor in-state tuition charges if the nonresident parents claiming them asdependents have been employed full time inside Virginia for at least one yearimmediately prior to the date of the alleged entitlement and paid Virginiaincome taxes on all taxable income earned in this Commonwealth for the taxyear prior to the date of the alleged entitlement. Such students shallcontinue to be eligible for in-state tuition charges for so long as they ortheir qualifying parent is employed full time in Virginia, paying Virginiaincome taxes on all taxable income earned in this Commonwealth and thestudent is claimed as a dependent for Virginia and federal income taxpurposes.
B. Any person who (i) is a member of the National Guard of the Commonwealthof Virginia and has a minimum remaining obligation of two years, (ii) hassatisfactorily completed required initial active duty service, (iii) issatisfactorily performing duty in accordance with regulations of the NationalGuard, and (iv) is enrolled in any state institution of higher education, anyprivate, accredited and nonprofit institution of higher education in theCommonwealth whose primary purpose is to provide collegiate or graduateeducation and not to provide religious training or theological education, anycourse or program offered by any such institution or any public career andtechnical education school shall be eligible for a grant in the amount of thedifference between the full cost of tuition and any other educationalbenefits for which he is eligible as a member of the National Guard.Application for a grant shall be made to the Department of Military Affairs.Grants shall be awarded from funds available for the purpose by suchDepartment.
Notwithstanding the foregoing requirement that a member of the National Guardhave a minimum of two years remaining on his service obligation, if a memberis activated or deployed for federal military service, an additional dayshall be added to the member's eligibility for the grant for each day ofactive federal service up to 365 days. Additional credit, or credit for stateduty, may be given at the discretion of the Adjutant General.
C. Notwithstanding the provisions of § 23-7.4 or any other provision of thelaw to the contrary, the governing board of any state institution of highereducation or the governing board of the Virginia Community College System maycharge the same tuition as is charged to any person domiciled in Virginiapursuant to the provisions of § 23-7.4 to:
1. Any person enrolled in one of the institution's programs designated by theState Council of Higher Education who is domiciled in and is entitled toreduced tuition charges in the institutions of higher learning in any statewhich is a party to the Southern Regional Education Compact which has similarreciprocal provisions for persons domiciled in Virginia;
2. Any student from a foreign country who is enrolled in a foreign exchangeprogram approved by the state institution during the same period that anexchange student from the same state institution, who is entitled to in-statetuition pursuant to § 23-7.4, is attending the foreign institution; and
3. Any high school or magnet school student, not otherwise qualified forin-state tuition, who is enrolled in courses specifically designed as part ofthe high school or magnet school curriculum in a community college for whichhe may, upon successful completion, receive high school and community collegecredit pursuant to a dual enrollment agreement between the high school ormagnet school and the community college.
D. The governing board of the Virginia Community College System shall chargein-state tuition to any person enrolled in one of the System's institutionswho lives within a 30-mile radius of a Virginia institution, is domiciled in,and is entitled to in-state tuition charges in the institutions of higherlearning in any state which is contiguous to Virginia and which has similarreciprocal provisions for persons domiciled in Virginia.
Any out-of-state students granted in-state tuition pursuant to thissubsection shall be counted as in-state students for the purposes ofdetermining college admissions, enrollment, and tuition and fee revenuepolicies.
E. The board of the University of Virginia's College at Wise and the board ofvisitors of the University of Virginia may charge reduced tuition to anyperson enrolled at the University of Virginia's College at Wise who liveswithin a 50-mile radius of the University of Virginia's College at Wise, isdomiciled in, and is entitled to in-state tuition charges in the institutionsof higher learning in Kentucky, if Kentucky has similar reciprocal provisionsfor persons domiciled in Virginia.
In addition, the board of the University of Virginia's College at Wise andthe board of visitors of the University of Virginia may charge reducedtuition to any person enrolled at the University of Virginia's College atWise who lives within a 50-mile radius of the University of Virginia'sCollege at Wise, is domiciled in, and is entitled to in-state tuition chargesin the institutions of higher learning in Tennessee, if Tennessee has similarreciprocal provisions for persons domiciled in Virginia. The board of theUniversity of Virginia's College at Wise and its partners or associatesoffering programs jointly at a regional off-campus center may also chargereduced tuition to any person enrolled in such joint programs who liveswithin a 50-mile radius of the University of Virginia's College at Wise, isdomiciled in, and is entitled to in-state tuition charges in the institutionsof higher learning in Tennessee, if Tennessee has similar reciprocalprovisions for persons domiciled in Virginia. Any such respective partners orassociates shall establish and charge separately tuition rates for theirindependent classes or programs at such regional centers.
Any out-of-state students granted in-state tuition pursuant to thissubsection and subsection D shall be counted as out-of-state students for thepurposes of determining admissions, enrollment, and tuition and fee revenuepolicies.
F. Public institutions of higher education may enter into special arrangementcontracts with Virginia employers or authorities controlling federalinstallations or agencies located in Virginia. The special arrangementcontracts shall be for the purpose of providing reduced rate tuition chargesfor the employees of the Virginia employers or federal personnel when theemployers or federal authorities are assuming the liability for paying, tothe extent permitted by federal law, the tuition for the employees orpersonnel in question and the employees or personnel are classified by therequirements of this section as out-of-state.
Special arrangement contracts with Virginia employers or federalinstallations or agencies may be for group instruction in facilities providedby the employer or federal authority or in the institution's facilities or ona student-by-student basis for specific employment-related programs.
Special arrangement contracts shall be valid for a period not to exceed twoyears and shall be reviewed for legal sufficiency by the Office of theAttorney General prior to signing. All rates agreed to by the publicinstitutions shall be at least equal to in-state tuition and shall only begranted by the institution with which the employer or the federal authoritieshave a valid contract for students for whom the employer or federalauthorities are paying the tuition charges.
All special arrangement contracts with authorities controlling federalinstallations or agencies shall include a specific number of students to beserved at reduced rates.
Nothing in this subsection shall change the domiciliary status of any studentfor the purposes of enrollment reporting or calculating the proportions ofgeneral funds and tuition and fees contributed to the cost of education.
G. Any active duty members, activated guard or reservist members, or guard orreservist members mobilized or on temporary active orders for six months ormore, that are either stationed or assigned by their military service to awork location in Virginia, and residing in Virginia, shall pay tuition, tothe public institution of higher education in which they are enrolled, in anamount no more than the institution's in-state tuition rate.
(1996, cc. 931, 981; 1998, cc. 62, 79; 1999, cc. 424, 437; 2000, c. 196;2001, c. 483; 2004, cc. 501, 520; 2006, cc. 783, 797; 2007, cc. 76, 102, 112;2008, c. 723; 2009, c. 470.)