{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-502.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-502.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-502.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-502.html"}],"law_id":84399,"edition_id":1,"section_id":84399,"structure_id":13964,"section_number":"23.1-502","catch_line":"Eligibility for in-state tuition charges; domicile; domiciliary intent","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":"A\n\nTo be eligible for in-state tuition at public institutions of higher education, an independent student or, in the case of a dependent student, the individual through whom he claims eligibility, shall establish by clear and convincing evidence (i) domicile in the Commonwealth for a period of at least one year immediately succeeding the establishment of domiciliary intent pursuant to subsection B and immediately prior to the date of the alleged entitlement and (ii) the abandonment of any previous domicile, if such existed. No institution of higher education shall give weight to any evidence that such student or individual presents in support of his claim for domicile or the abandonment of any previous domicile unless such evidence has existed for a period of at least one year immediately prior to the date of the alleged entitlement. If the individual through whom a dependent student establishes domicile and eligibility for in-state tuition charges abandons his domicile in the Commonwealth, such student is entitled to in-state tuition charges for one year from the date of such abandonment.B\n\nTo establish domicile, an independent student or, in the case of a dependent student, the individual through whom he claims eligibility, shall establish by clear and convincing evidence domiciliary intent. In determining domiciliary intent, institutions of higher education shall consider the totality of the circumstances, including the following applicable factors: continuous residence for at least one year prior to the date of the alleged entitlement, except in the event of 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; state to which income taxes are filed or paid; driver’s license; motor vehicle registration; voter registration; employment; property ownership; sources of financial support; military records; a written offer and acceptance of employment following graduation; and any other social or economic relationships within and outside the Commonwealth.","order_by":null,"text":{"0":{"id":302474,"text":"To be eligible for in-state tuition at public institutions of higher education, an independent student or, in the case of a dependent student, the individual through whom he claims eligibility, shall establish by clear and convincing evidence (i) domicile in the Commonwealth for a period of at least one year immediately succeeding the establishment of domiciliary intent pursuant to subsection B and immediately prior to the date of the alleged entitlement and (ii) the abandonment of any previous domicile, if such existed. No institution of higher education shall give weight to any evidence that such student or individual presents in support of his claim for domicile or the abandonment of any previous domicile unless such evidence has existed for a period of at least one year immediately prior to the date of the alleged entitlement. If the individual through whom a dependent student establishes domicile and eligibility for in-state tuition charges abandons his domicile in the Commonwealth, such student is entitled to in-state tuition charges for one year from the date of such abandonment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":302475,"text":"To establish domicile, an independent student or, in the case of a dependent student, the individual through whom he claims eligibility, shall establish by clear and convincing evidence domiciliary intent. In determining domiciliary intent, institutions of higher education shall consider the totality of the circumstances, including the following applicable factors: continuous residence for at least one year prior to the date of the alleged entitlement, except in the event of 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; state to which income taxes are filed or paid; driver’s license; motor vehicle registration; voter registration; employment; property ownership; sources of financial support; military records; a written offer and acceptance of employment following graduation; and any other social or economic relationships within and outside the Commonwealth.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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}],"previous_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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-502\/","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":76249,"section_number":"2.2-2476","catch_line":"Workforce Training Access Program and Fund","order_by":null,"url":"\/2.2-2476\/"},{"id":59984,"section_number":"23.1-100","catch_line":"Definitions","order_by":null,"url":"\/23.1-100\/"},{"id":79711,"section_number":"23.1-504","catch_line":"Determination of domicile; exception; certain active duty and retired military personnel, etc","order_by":null,"url":"\/23.1-504\/"},{"id":60185,"section_number":"23.1-505","catch_line":"Determination of domicile; exception; dependents of certain active duty military personnel, etc","order_by":null,"url":"\/23.1-505\/"},{"id":64004,"section_number":"23.1-505.1","catch_line":"Eligibility for in-state tuition and state financial assistance programs","order_by":null,"url":"\/23.1-505.1\/"},{"id":59308,"section_number":"23.1-506","catch_line":"Eligibility for in-state tuition; exception; certain out-of-state and high school students","order_by":null,"url":"\/23.1-506\/"},{"id":86713,"section_number":"23.1-626","catch_line":"Determination of domicile","order_by":null,"url":"\/23.1-626\/"},{"id":84853,"section_number":"23.1-635","catch_line":"Determination of domicile; Council oversight and reports","order_by":null,"url":"\/23.1-635\/"},{"id":65914,"section_number":"23.1-638","catch_line":"Eligibility; amount of grants; renewals","order_by":null,"url":"\/23.1-638\/"},{"id":59058,"section_number":"30-231.2","catch_line":"Criteria for awarding and renewal of scholarships; awards made by the Brown v. Board of Education Scholarship Committee; eligible students; Standards of Learning requirements and assessments waived for eligible students","order_by":null,"url":"\/30-231.2\/"},{"id":58331,"section_number":"32.1-122.10","catch_line":"Conditional grants for certain dental hygiene students","order_by":null,"url":"\/32.1-122.10\/"},{"id":73032,"section_number":"32.1-122.5:1","catch_line":"Conditional grants for certain medical students","order_by":null,"url":"\/32.1-122.5_1\/"},{"id":80212,"section_number":"32.1-122.6","catch_line":"Conditional grants for certain medical students","order_by":null,"url":"\/32.1-122.6\/"},{"id":78009,"section_number":"32.1-122.6:01","catch_line":"Board of Health to award certain scholarships and loan repayment funds","order_by":null,"url":"\/32.1-122.6_01\/"},{"id":59180,"section_number":"32.1-122.6:02","catch_line":"Conditional grants for certain advanced practice registered nursing students","order_by":null,"url":"\/32.1-122.6_02\/"},{"id":85826,"section_number":"32.1-122.6:03","catch_line":"Conditional grants for certain physician assistant students","order_by":null,"url":"\/32.1-122.6_03\/"},{"id":70452,"section_number":"32.1-122.9","catch_line":"Conditional grants for certain dental students","order_by":null,"url":"\/32.1-122.9\/"},{"id":76274,"section_number":"46.2-749","catch_line":"Issuance of license plates bearing seal, symbol, emblem, or logotype of certain institutions of higher education; fees","order_by":null,"url":"\/46.2-749\/"}],"refers_to":false,"permalink":{"id":184945,"object_type":"law","relational_id":84399,"identifier":"23.1-502","token":"23.1\/II\/5\/23.1-502","url":"\/23.1-502\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-502\/","token":"23.1\/II\/5\/23.1-502","dublin_core":{"Title":"Eligibility for in-state tuition charges; domicile; domiciliary intent","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-502","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> To be eligible for in-state tuition at public institutions of higher education, an independent student<\/span> or, in the case of a dependent student<\/span>, the individual through whom he claims eligibility, shall establish by clear and convincing evidence<\/span> (i) domicile<\/span> in the Commonwealth for a period of at least one year immediately succeeding the establishment of domiciliary intent<\/span> pursuant to subsection B and immediately prior to the date of the alleged entitlement<\/span> and (ii) the abandonment of any previous domicile<\/span>, if such existed. No institution of higher education shall give weight to any evidence<\/span> that such student or individual presents in support of his claim for domicile<\/span> or the abandonment of any previous domicile<\/span> unless such evidence<\/span> has existed for a period of at least one year immediately prior to the date of the alleged entitlement<\/span>. If the individual through whom a dependent student<\/span> establishes domicile<\/span> and eligibility for in-state tuition charges abandons his domicile<\/span> in the Commonwealth, such student is entitled to in-state tuition charges for one year from the date of such abandonment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> To establish domicile<\/span>, an independent student<\/span> or, in the case of a dependent student<\/span>, the individual through whom he claims eligibility, shall establish by clear and convincing evidence<\/span> domiciliary intent<\/span>. In determining domiciliary intent<\/span>, institutions of higher education shall consider the totality of the circumstances, including the following applicable factors: continuous residence for at least one year prior to the date of the alleged entitlement<\/span>, except in the event of 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; state to which income taxes are filed or paid; driver’s license; motor vehicle registration; voter registration; employment; property ownership; sources of financial support; military records; a written offer and acceptance of employment following graduation; and any other social or economic relationships within and outside the Commonwealth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nELIGIBILITY FOR IN-STATE TUITION CHARGES; DOMICILE; DOMICILIARY INTENT (\u00a7\n23.1-502)\n\nA. To be eligible for in-state tuition at public institutions of higher\neducation, an independent student or, in the case of a dependent student, the\nindividual through whom he claims eligibility, shall establish by clear and\nconvincing evidence (i) domicile in the Commonwealth for a period of at least\none year immediately succeeding the establishment of domiciliary intent pursuant\nto subsection B and immediately prior to the date of the alleged entitlement and\n(ii) the abandonment of any previous domicile, if such existed. No institution\nof higher education shall give weight to any evidence that such student or\nindividual presents in support of his claim for domicile or the abandonment of\nany previous domicile unless such evidence has existed for a period of at least\none year immediately prior to the date of the alleged entitlement. If the\nindividual through whom a dependent student establishes domicile and eligibility\nfor in-state tuition charges abandons his domicile in the Commonwealth, such\nstudent is entitled to in-state tuition charges for one year from the date of\nsuch abandonment.\n\nB. To establish domicile, an independent student or, in the case of a dependent\nstudent, the individual through whom he claims eligibility, shall establish by\nclear and convincing evidence domiciliary intent. In determining domiciliary\nintent, institutions of higher education shall consider the totality of the\ncircumstances, including the following applicable factors: continuous residence\nfor at least one year prior to the date of the alleged entitlement, except in\nthe event of the establishment and maintenance of a place of residence outside\nthe Commonwealth for the purpose of maintaining a joint household with an active\nduty United States military spouse; state to which income taxes are filed or\npaid; driver’s license; motor vehicle registration; voter registration;\nemployment; property ownership; sources of financial support; military records;\na written offer and acceptance of employment following graduation; and any other\nsocial or economic relationships within and outside 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}}