{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-500.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-500.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-500.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-500.html"}],"law_id":87208,"edition_id":1,"section_id":87208,"structure_id":13964,"section_number":"23.1-500","catch_line":"Definitions","history":"1984, c. 422, \u00a7 23-7.4; 1985, cc. 179, 572; 1988, c. 124; 1989, c. 371; 1990, c. 680; 1991, c. 590; 1996, cc. 931, 981; 1999, c. 439; 2006, cc. 783, 797, 806; 2007, cc. 108, 491; 2008, c. 723; 2011, cc. 38, 44, 782, 860; 2013, cc. 139, 166, 243; 2014, c. 341; 2016, c. 588.","full_text":"As used in this chapter:\n\t\t“Date of the alleged entitlement” means the first official day of class within the term, semester, or quarter of the program of study in which a student is enrolled.\n\t\t“Dependent student” means a student who is listed as a dependent on the federal or state income tax return of his parents or legal guardian or who receives substantial financial support from his spouse, parent, or legal guardian. “Dependent student” includes unemancipated minors.\n\t\t“Domicile” means the present, fixed home of an individual to which he returns following temporary absences and at which he intends to stay indefinitely. No individual may have more than one domicile at a time. Domicile, once established, is not affected by (i) mere transient or temporary physical presence outside the Commonwealth or (ii) the establishment and maintenance of a place of residence outside the Commonwealth for the purpose of maintaining a joint household with an active duty United States military spouse.\n\t\t“Domiciliary intent” means present intent to remain indefinitely.\n\t\t“Emancipated minor” means a minor student who has been emancipated pursuant to Article 15 (\u00a7 16.1-331 et seq.) of Chapter 11 of Title 16.1 or the applicable laws of any other jurisdiction.\n\t\t“Employed full time” means employed in a position resulting in at least an annual earned income reported for tax purposes equivalent to 50 work weeks of 40 hours at minimum wage.\n\t\t“Independent student” means a student whose parents have surrendered the right to his care, custody, and earnings; do not claim him as a dependent on federal or state income tax returns; and have ceased to provide him with substantial financial support. “Independent student” includes emancipated minors.\n\t\t“Substantial financial support” means any amount of financial support received by a student that qualifies him to be listed as a dependent on federal and state income tax returns.\n\t\t“Surviving spouse” means the spouse of a military service member who, while serving as an active duty member in the Armed Forces of the United States, Reserves of the Armed Forces of the United States, or Virginia National Guard, during military operations against terrorism, on a peacekeeping mission, or as a result of a terrorist act, or in any armed conflict, was killed in action, became missing in action, or became a prisoner of war.\n\t\t“Unemancipated minor” means a minor student who has not been emancipated pursuant to Article 15 (\u00a7 16.1-331 et seq.) of Chapter 11 of Title 16.1 or the applicable laws of any other jurisdiction.\n\t\t“Veteran” means an individual who has served on active duty in the Armed Forces of the United States and who was discharged or released from such service under conditions other than dishonorable.\n\t\t“Virginia employer” means (i) any employing unit organized under the laws of the Commonwealth or having income from sources in the Commonwealth regardless of its organizational structure or (ii) any public or nonprofit organization authorized to operate in the Commonwealth.","order_by":null,"text":{"0":{"id":312288,"text":"As used in this chapter:\n\t\t“Date of the alleged entitlement” means the first official day of class within the term, semester, or quarter of the program of study in which a student is enrolled.\n\t\t“Dependent student” means a student who is listed as a dependent on the federal or state income tax return of his parents or legal guardian or who receives substantial financial support from his spouse, parent, or legal guardian. “Dependent student” includes unemancipated minors.\n\t\t“Domicile” means the present, fixed home of an individual to which he returns following temporary absences and at which he intends to stay indefinitely. No individual may have more than one domicile at a time. Domicile, once established, is not affected by (i) mere transient or temporary physical presence outside the Commonwealth or (ii) the establishment and maintenance of a place of residence outside the Commonwealth for the purpose of maintaining a joint household with an active duty United States military spouse.\n\t\t“Domiciliary intent” means present intent to remain indefinitely.\n\t\t“Emancipated minor” means a minor student who has been emancipated pursuant to Article 15 (\u00a7 16.1-331 et seq.) of Chapter 11 of Title 16.1 or the applicable laws of any other jurisdiction.\n\t\t“Employed full time” means employed in a position resulting in at least an annual earned income reported for tax purposes equivalent to 50 work weeks of 40 hours at minimum wage.\n\t\t“Independent student” means a student whose parents have surrendered the right to his care, custody, and earnings; do not claim him as a dependent on federal or state income tax returns; and have ceased to provide him with substantial financial support. “Independent student” includes emancipated minors.\n\t\t“Substantial financial support” means any amount of financial support received by a student that qualifies him to be listed as a dependent on federal and state income tax returns.\n\t\t“Surviving spouse” means the spouse of a military service member who, while serving as an active duty member in the Armed Forces of the United States, Reserves of the Armed Forces of the United States, or Virginia National Guard, during military operations against terrorism, on a peacekeeping mission, or as a result of a terrorist act, or in any armed conflict, was killed in action, became missing in action, or became a prisoner of war.\n\t\t“Unemancipated minor” means a minor student who has not been emancipated pursuant to Article 15 (\u00a7 16.1-331 et seq.) of Chapter 11 of Title 16.1 or the applicable laws of any other jurisdiction.\n\t\t“Veteran” means an individual who has served on active duty in the Armed Forces of the United States and who was discharged or released from such service under conditions other than dishonorable.\n\t\t“Virginia employer” means (i) any employing unit organized under the laws of the Commonwealth or having income from sources in the Commonwealth regardless of its organizational structure or (ii) any public or nonprofit organization authorized to operate in the Commonwealth.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13964,"edition_id":1,"name":"In-State Tuition and Reduced Rate Tuition Eligibility","identifier":"5","label":"chapter","depth":3,"order_by":1,"parent_id":13112,"metadata":{},"date_created":"2026-06-26 03:46:26","date_modified":"2026-06-26 03:46:26","permalink":{"id":184935,"object_type":"structure","relational_id":13964,"identifier":"5","token":"23.1\/II\/5","url":"\/23.1\/II\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13112,"edition_id":1,"name":"Students and Campus","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":13111,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184847,"object_type":"structure","relational_id":13112,"identifier":"II","token":"23.1\/II","url":"\/23.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13111,"edition_id":1,"name":"Institutions of Higher Education; Other Educational and Cultural Institutions","identifier":"23.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184581,"object_type":"structure","relational_id":13111,"identifier":"23.1","token":"23.1","url":"\/23.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87208,"structure_id":13964,"section_number":"23.1-500","catch_line":"Definitions","url":"\/23.1-500\/","token":"23.1\/II\/5\/23.1-500","metadata":false},{"id":58871,"structure_id":13964,"section_number":"23.1-501","catch_line":"Presumption of dependency for certain students","url":"\/23.1-501\/","token":"23.1\/II\/5\/23.1-501","metadata":false},{"id":84399,"structure_id":13964,"section_number":"23.1-502","catch_line":"Eligibility for in-state tuition charges; domicile; domiciliary intent","url":"\/23.1-502\/","token":"23.1\/II\/5\/23.1-502","metadata":false},{"id":70324,"structure_id":13964,"section_number":"23.1-503","catch_line":"Determination of domicile; rules; presumptions","url":"\/23.1-503\/","token":"23.1\/II\/5\/23.1-503","metadata":false},{"id":79711,"structure_id":13964,"section_number":"23.1-504","catch_line":"Determination of domicile; exception; certain active duty and retired military personnel, etc","url":"\/23.1-504\/","token":"23.1\/II\/5\/23.1-504","metadata":false},{"id":60185,"structure_id":13964,"section_number":"23.1-505","catch_line":"Determination of domicile; exception; dependents of certain active duty military personnel, etc","url":"\/23.1-505\/","token":"23.1\/II\/5\/23.1-505","metadata":false},{"id":64004,"structure_id":13964,"section_number":"23.1-505.1","catch_line":"Eligibility for in-state tuition and state financial assistance programs","url":"\/23.1-505.1\/","token":"23.1\/II\/5\/23.1-505.1","metadata":false},{"id":59308,"structure_id":13964,"section_number":"23.1-506","catch_line":"Eligibility for in-state tuition; exception; certain out-of-state and high school students","url":"\/23.1-506\/","token":"23.1\/II\/5\/23.1-506","metadata":false},{"id":73937,"structure_id":13964,"section_number":"23.1-507","catch_line":"University of Virginia's College at Wise; reduced rate tuition charges for certain students","url":"\/23.1-507\/","token":"23.1\/II\/5\/23.1-507","metadata":false},{"id":79244,"structure_id":13964,"section_number":"23.1-507.1","catch_line":"Norfolk State University and Virginia State University; reduced rate tuition charges for certain students","url":"\/23.1-507.1\/","token":"23.1\/II\/5\/23.1-507.1","metadata":false},{"id":58546,"structure_id":13964,"section_number":"23.1-508","catch_line":"Special arrangement contracts; reduced rate tuition charges","url":"\/23.1-508\/","token":"23.1\/II\/5\/23.1-508","metadata":false},{"id":55025,"structure_id":13964,"section_number":"23.1-508.1","catch_line":"State Board; reduced rate tuition and mandatory fee charges; certain students who are active duty members of Armed Forces of the United States","url":"\/23.1-508.1\/","token":"23.1\/II\/5\/23.1-508.1","metadata":false},{"id":81209,"structure_id":13964,"section_number":"23.1-509","catch_line":"In-state tuition; surcharge","url":"\/23.1-509\/","token":"23.1\/II\/5\/23.1-509","metadata":false},{"id":81368,"structure_id":13964,"section_number":"23.1-509.1","catch_line":"Alternative tuition or fee structures","url":"\/23.1-509.1\/","token":"23.1\/II\/5\/23.1-509.1","metadata":false},{"id":61653,"structure_id":13964,"section_number":"23.1-510","catch_line":"Determinations of eligibility; appeals and guidelines","url":"\/23.1-510\/","token":"23.1\/II\/5\/23.1-510","metadata":false}],"next_section":{"id":58871,"structure_id":13964,"section_number":"23.1-501","catch_line":"Presumption of dependency for certain students","url":"\/23.1-501\/","token":"23.1\/II\/5\/23.1-501","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-500\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 422 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 14 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1985, chapters 179 and 572; in 1988, chapter 124; in 1989, chapter 371; in 1990, chapter 680; in 1991, chapter 590; in 1996, chapters 931<\/a> and 981<\/a>; in 1999, chapter 439<\/a>; in 2006, chapters 783<\/a>, 797<\/a>, and 806<\/a>; in 2007, chapters 108<\/a> and 491<\/a>; in 2008, chapter 723<\/a>; in 2011, chapters 38<\/a>, 44<\/a>, 782<\/a>, and 860<\/a>; in 2013, chapters 139<\/a>, 166<\/a>, and 243<\/a>; in 2014, chapter 341<\/a>; in 2016, chapter 588<\/a>.<\/p>","references":[{"id":56640,"section_number":"23.1-1006","catch_line":"Management agreement; contents and scope","order_by":null,"url":"\/23.1-1006\/"},{"id":81368,"section_number":"23.1-509.1","catch_line":"Alternative tuition or fee structures","order_by":null,"url":"\/23.1-509.1\/"},{"id":67057,"section_number":"23.1-608","catch_line":"Virginia Military Survivors and Dependents Education Program; tuition and fee waivers","order_by":null,"url":"\/23.1-608\/"},{"id":75258,"section_number":"23.1-617","catch_line":"Definitions","order_by":null,"url":"\/23.1-617\/"},{"id":69495,"section_number":"23.1-627.1","catch_line":"Definitions","order_by":null,"url":"\/23.1-627.1\/"}],"refers_to":[{"id":57297,"section_number":"16.1-331","catch_line":"Petition for emancipation","order_by":null,"url":"\/16.1-331\/"}],"permalink":{"id":184937,"object_type":"law","relational_id":87208,"identifier":"23.1-500","token":"23.1\/II\/5\/23.1-500","url":"\/23.1-500\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-500\/","token":"23.1\/II\/5\/23.1-500","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-500","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter:\n\t\t“Date of the alleged entitlement<\/span>” means the first official day of class within the term, semester, or quarter of the program of study in which a student is enrolled.\n\t\t“Dependent student<\/span>” means a student who is listed as a dependent on the federal or state income tax return of his parents or legal guardian or who receives substantial financial support<\/span> from his spouse, parent, or legal guardian. “Dependent student<\/span>” includes unemancipated minors<\/span>.\n\t\t“Domicile<\/span>” means the present, fixed home of an individual to which he returns following temporary absences and at which he intends to stay<\/span> indefinitely. No individual may have more than one domicile<\/span> at a time. Domicile<\/span>, once established, is not affected by (i) mere transient or temporary physical presence outside the Commonwealth or (ii) the establishment and maintenance of a place of residence outside the Commonwealth for the purpose of maintaining a joint household with an active duty United States military spouse.\n\t\t“Domiciliary intent<\/span>” means present intent to remain indefinitely.\n\t\t“Emancipated minor<\/span>” means a minor student who has been emancipated pursuant to Article 15 (\u00a7 16.1-331<\/a> et seq.) of Chapter 11 of Title 16.1 or the applicable laws<\/span> of any other jurisdiction<\/span>.\n\t\t“Employed full time<\/span>” means employed in a position resulting in at least an annual earned income reported for tax purposes equivalent to 50 work weeks of 40 hours at minimum wage.\n\t\t“Independent student<\/span>” means a student whose parents have surrendered the right to his care, custody<\/span>, and earnings; do not claim him as a dependent on federal or state income tax returns; and have ceased to provide him with substantial financial support<\/span>. “Independent student<\/span>” includes emancipated minors<\/span>.\n\t\t“Substantial financial support<\/span>” means any amount of financial support received by a student that qualifies him to be listed as a dependent on federal and state income tax returns.\n\t\t“Surviving spouse<\/span>” means the spouse of a military service member who, while serving as an active duty member in the Armed Forces of the United States, Reserves of the Armed Forces of the United States, or Virginia National Guard, during military operations against terrorism, on a peacekeeping mission, or as a result of a terrorist act, or in any armed conflict, was killed in action, became missing in action, or became a prisoner of war.\n\t\t“Unemancipated minor<\/span>” means a minor student who has not been emancipated pursuant to Article 15 (\u00a7 16.1-331<\/a> et seq.) of Chapter 11 of Title 16.1 or the applicable laws<\/span> of any other jurisdiction<\/span>.\n\t\t“Veteran<\/span>” means an individual who has served on active duty in the Armed Forces of the United States and who was discharged or released from such service under conditions other than dishonorable.\n\t\t“Virginia employer<\/span>” means (i) any employing unit organized under the laws<\/span> of the Commonwealth or having income from sources in the Commonwealth regardless of its organizational structure or (ii) any public or nonprofit organization authorized to operate in the Commonwealth.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 23.1-500)\n\nAs used in this chapter:\n\t\t“Date of the alleged entitlement” means the first official day of\nclass within the term, semester, or quarter of the program of study in which a\nstudent is enrolled.\n\t\t“Dependent student” means a student who is listed as a dependent\non the federal or state income tax return of his parents or legal guardian or\nwho receives substantial financial support from his spouse, parent, or legal\nguardian. “Dependent student” includes unemancipated minors.\n\t\t“Domicile” means the present, fixed home of an individual to which\nhe returns following temporary absences and at which he intends to stay\nindefinitely. No individual may have more than one domicile at a time. Domicile,\nonce established, is not affected by (i) mere transient or temporary physical\npresence outside the Commonwealth or (ii) the establishment and maintenance of a\nplace of residence outside the Commonwealth for the purpose of maintaining a\njoint household with an active duty United States military spouse.\n\t\t“Domiciliary intent” means present intent to remain indefinitely.\n\t\t“Emancipated minor” means a minor student who has been emancipated\npursuant to Article 15 (\u00a7 16.1-331 et seq.) of Chapter 11 of Title 16.1 or the\napplicable laws of any other jurisdiction.\n\t\t“Employed full time” means employed in a position resulting in at\nleast an annual earned income reported for tax purposes equivalent to 50 work\nweeks of 40 hours at minimum wage.\n\t\t“Independent student” means a student whose parents have\nsurrendered the right to his care, custody, and earnings; do not claim him as a\ndependent on federal or state income tax returns; and have ceased to provide him\nwith substantial financial support. “Independent student” includes\nemancipated minors.\n\t\t“Substantial financial support” means any amount of financial\nsupport received by a student that qualifies him to be listed as a dependent on\nfederal and state income tax returns.\n\t\t“Surviving spouse” means the spouse of a military service member\nwho, while serving as an active duty member in the Armed Forces of the United\nStates, Reserves of the Armed Forces of the United States, or Virginia National\nGuard, during military operations against terrorism, on a peacekeeping mission,\nor as a result of a terrorist act, or in any armed conflict, was killed in\naction, became missing in action, or became a prisoner of war.\n\t\t“Unemancipated minor” means a minor student who has not been\nemancipated pursuant to Article 15 (\u00a7 16.1-331 et seq.) of Chapter 11 of Title\n16.1 or the applicable laws of any other jurisdiction.\n\t\t“Veteran” means an individual who has served on active duty in the\nArmed Forces of the United States and who was discharged or released from such\nservice under conditions other than dishonorable.\n\t\t“Virginia employer” means (i) any employing unit organized under\nthe laws of the Commonwealth or having income from sources in the Commonwealth\nregardless of its organizational structure or (ii) any public or nonprofit\norganization authorized to operate in the Commonwealth.\n\nHISTORY: 1984, c. 422, \u00a7 23-7.4; 1985, cc. 179, 572; 1988, c. 124; 1989, c.\n371; 1990, c. 680; 1991, c. 590; 1996, cc. 931, 981; 1999, c. 439; 2006, cc.\n783, 797, 806; 2007, cc. 108, 491; 2008, c. 723; 2011, cc. 38, 44, 782, 860;\n2013, cc. 139, 166, 243; 2014, c. 341; 2016, c. 588.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}