{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-505.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-505.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-505.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-505.html"}],"law_id":60185,"edition_id":1,"section_id":60185,"structure_id":13964,"section_number":"23.1-505","catch_line":"Determination of domicile; exception; dependents of certain active duty military personnel, etc","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; 2020, c. 382.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“Date of alleged entitlement” means the date of admission or acceptance for dependents currently residing in the Commonwealth or the final add\/drop date for dependents of members newly transferred to the Commonwealth.\n\t\t\t“Temporarily mobilized” means activated for service for 180 days or more.\n\t\t\t“Unaccompanied orders” means orders that assign active duty military personnel or activated or temporarily mobilized reserve or guard members an unaccompanied tour listed in Appendix Q of the Joint Federal Travel Regulations.B\n\nNotwithstanding § 23.1-502 or any other provision of law to the contrary, all dependents, as defined by 37 U.S.C. § 401, of active duty military personnel or activated or temporarily mobilized reservists or guard members (i) assigned to a permanent duty station or workplace in the Commonwealth, the District of Columbia, or a state contiguous to the Commonwealth who reside in the Commonwealth; (ii) assigned unaccompanied orders and immediately prior to receiving such unaccompanied orders were assigned to a permanent duty station or workplace in the Commonwealth, the District of Columbia, or a state contiguous to the Commonwealth and resided in the Commonwealth; or (iii) assigned unaccompanied orders with the Commonwealth listed as the designated place move shall be deemed to be domiciled in the Commonwealth and are eligible to receive in-state tuition.C\n\nAll such dependents shall be afforded the same educational benefits as any other individual who is eligible for in-state tuition pursuant to § 23.1-502. Such dependents are eligible for such benefits, including in-state tuition status, for as long as they are continuously enrolled in a public institution of higher education or private institution of higher education or have transferred between public institutions of higher education or private institutions of higher education or from an undergraduate degree program to a graduate degree program at a public institution of higher education or private institution of higher education, regardless of any change of duty station or residence of the military service member. Such continuous enrollment requirement shall be waived if the dependent verifies that a break of no longer than one year was required in order to support a spouse or parent on orders for a change of duty assignment or location.","order_by":null,"text":{"0":{"id":220184,"text":"For the purposes of this section:\n\t\t\t“Date of alleged entitlement” means the date of admission or acceptance for dependents currently residing in the Commonwealth or the final add\/drop date for dependents of members newly transferred to the Commonwealth.\n\t\t\t“Temporarily mobilized” means activated for service for 180 days or more.\n\t\t\t“Unaccompanied orders” means orders that assign active duty military personnel or activated or temporarily mobilized reserve or guard members an unaccompanied tour listed in Appendix Q of the Joint Federal Travel Regulations.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":220185,"text":"Notwithstanding § 23.1-502 or any other provision of law to the contrary, all dependents, as defined by 37 U.S.C. § 401, of active duty military personnel or activated or temporarily mobilized reservists or guard members (i) assigned to a permanent duty station or workplace in the Commonwealth, the District of Columbia, or a state contiguous to the Commonwealth who reside in the Commonwealth; (ii) assigned unaccompanied orders and immediately prior to receiving such unaccompanied orders were assigned to a permanent duty station or workplace in the Commonwealth, the District of Columbia, or a state contiguous to the Commonwealth and resided in the Commonwealth; or (iii) assigned unaccompanied orders with the Commonwealth listed as the designated place move shall be deemed to be domiciled in the Commonwealth and are eligible to receive in-state tuition.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":220186,"text":"All such dependents shall be afforded the same educational benefits as any other individual who is eligible for in-state tuition pursuant to § 23.1-502. Such dependents are eligible for such benefits, including in-state tuition status, for as long as they are continuously enrolled in a public institution of higher education or private institution of higher education or have transferred between public institutions of higher education or private institutions of higher education or from an undergraduate degree program to a graduate degree program at a public institution of higher education or private institution of higher education, regardless of any change of duty station or residence of the military service member. Such continuous enrollment requirement shall be waived if the dependent verifies that a break of no longer than one year was required in order to support a spouse or parent on orders for a change of duty assignment or location.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-505\/","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 15 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>; in 2020, chapter 382<\/a>.<\/p>","references":false,"refers_to":[{"id":84399,"section_number":"23.1-502","catch_line":"Eligibility for in-state tuition charges; domicile; domiciliary intent","order_by":null,"url":"\/23.1-502\/"}],"permalink":{"id":184957,"object_type":"law","relational_id":60185,"identifier":"23.1-505","token":"23.1\/II\/5\/23.1-505","url":"\/23.1-505\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-505\/","token":"23.1\/II\/5\/23.1-505","dublin_core":{"Title":"Determination of domicile; exception; dependents of certain active duty military personnel, etc","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-505","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“Date of alleged entitlement<\/span>” means the date of admission or acceptance for dependents currently residing in the Commonwealth or the final add\/drop date for dependents of members newly transferred to the Commonwealth.\n\t\t\t“Temporarily mobilized<\/span>” means activated for service for 180 days or more.\n\t\t\t“Unaccompanied orders<\/span>” means orders that assign active duty military personnel or activated or temporarily mobilized<\/span> reserve or guard members an unaccompanied tour listed in Appendix Q of the Joint Federal Travel Regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding § 23.1-502<\/a> or any other provision of law<\/span> to the contrary, all dependents, as defined by 37 U.S.C. § 401, of active duty military personnel or activated or temporarily mobilized<\/span> reservists or guard members (i) assigned to a permanent duty station or workplace in the Commonwealth, the District of Columbia, or a state contiguous to the Commonwealth who reside in the Commonwealth; (ii) assigned unaccompanied orders<\/span> and immediately prior to receiving such unaccompanied orders<\/span> were assigned to a permanent duty station or workplace in the Commonwealth, the District of Columbia, or a state contiguous to the Commonwealth and resided in the Commonwealth; or (iii) assigned unaccompanied orders<\/span> with the Commonwealth listed as the designated place move shall be deemed to be domiciled in the Commonwealth and are eligible to receive in-state tuition. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All such dependents shall be afforded the same educational benefits as any other individual who is eligible for in-state tuition pursuant to § 23.1-502<\/a>. Such dependents are eligible for such benefits, including in-state tuition status, for as long as they are continuously enrolled in a public institution of higher education<\/span> or private institution of higher education<\/span> or have transferred between public institutions of higher education or private institutions of higher education or from an undergraduate degree program to a graduate degree program at a public institution of higher education<\/span> or private institution of higher education<\/span>, regardless of any change of duty station or residence of the military service member. Such continuous enrollment requirement shall be waived if the dependent verifies that a break of no longer than one year was required in order<\/span> to support a spouse or parent on orders for a change of duty assignment or location. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDETERMINATION OF DOMICILE; EXCEPTION; DEPENDENTS OF CERTAIN ACTIVE DUTY MILITARY\nPERSONNEL, ETC (\u00a7 23.1-505)\n\nA. For the purposes of this section:\n\t\t\t“Date of alleged entitlement” means the date of admission or\nacceptance for dependents currently residing in the Commonwealth or the final\nadd\/drop date for dependents of members newly transferred to the Commonwealth.\n\t\t\t“Temporarily mobilized” means activated for service for 180 days\nor more.\n\t\t\t“Unaccompanied orders” means orders that assign active duty\nmilitary personnel or activated or temporarily mobilized reserve or guard\nmembers an unaccompanied tour listed in Appendix Q of the Joint Federal Travel\nRegulations.\n\nB. Notwithstanding § 23.1-502 or any other provision of law to the\ncontrary, all dependents, as defined by 37 U.S.C. § 401, of active duty\nmilitary personnel or activated or temporarily mobilized reservists or guard\nmembers (i) assigned to a permanent duty station or workplace in the\nCommonwealth, the District of Columbia, or a state contiguous to the\nCommonwealth who reside in the Commonwealth; (ii) assigned unaccompanied orders\nand immediately prior to receiving such unaccompanied orders were assigned to a\npermanent duty station or workplace in the Commonwealth, the District of\nColumbia, or a state contiguous to the Commonwealth and resided in the\nCommonwealth; or (iii) assigned unaccompanied orders with the Commonwealth\nlisted as the designated place move shall be deemed to be domiciled in the\nCommonwealth and are eligible to receive in-state tuition.\n\nC. All such dependents shall be afforded the same educational benefits as any\nother individual who is eligible for in-state tuition pursuant to §\n23.1-502. Such dependents are eligible for such benefits, including in-state\ntuition status, for as long as they are continuously enrolled in a public\ninstitution of higher education or private institution of higher education or\nhave transferred between public institutions of higher education or private\ninstitutions of higher education or from an undergraduate degree program to a\ngraduate degree program at a public institution of higher education or private\ninstitution of higher education, regardless of any change of duty station or\nresidence of the military service member. Such continuous enrollment requirement\nshall be waived if the dependent verifies that a break of no longer than one\nyear was required in order to support a spouse or parent on orders for a change\nof duty assignment or location.\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; 2020, c. 382.","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}}