{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-506.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-506.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-506.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-506.html"}],"law_id":59308,"edition_id":1,"section_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","history":"1996, cc. 931, 981, \u00a7 23-7.4:2; 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; 2011, c. 376; 2013, cc. 166, 243, 302; 2014, cc. 341, 762; 2016, c. 588; 2019, c. 329; 2020, cc. 642, 680, 766, 767; 2021, Sp. Sess. I, cc. 107, 108; 2022, c. 795.","full_text":"A\n\nNotwithstanding \u00a7 23.1-502 or any other provision of law to the contrary, the following students are eligible for in-state tuition charges regardless of domicile:1\n\nAny non-Virginia student who resides outside the Commonwealth and has been employed full time in the Commonwealth for at least one year immediately prior to the date of the alleged entitlement if such student has paid Virginia income taxes on all taxable income earned in the Commonwealth for the tax year prior to the date of the alleged entitlement. Such student shall continue to be eligible for in-state tuition charges for so long as the student is employed full time in the Commonwealth and the student pays Virginia income taxes on all taxable income earned in the Commonwealth.2\n\nAny non-Virginia student who resides outside the Commonwealth and is claimed as a dependent for federal and Virginia income tax purposes if the nonresident parent claiming the student as a dependent has been employed full time in the Commonwealth for at least one year immediately prior to the date of the alleged entitlement and paid Virginia income taxes on all taxable income earned in the Commonwealth for the tax year prior to the date of the alleged entitlement. Such student shall continue to be eligible for in-state tuition charges for so long as his qualifying parent is employed full time in the Commonwealth, pays Virginia income taxes on all taxable income earned in the Commonwealth, and claims the student as a dependent for Virginia and federal income tax purposes.3\n\nAny active duty member, activated guard or reserve member, or guard or reserve member mobilized or on temporary active orders for 180 days or more who resides in the Commonwealth.4\n\nAny veteran who resides in the Commonwealth.5\n\nAny surviving spouse who resides in the Commonwealth.6\n\nFollowing completion of active duty service, any non-Virginia student who established domicile before being called to active duty in the National Guard of another state if during such active duty he maintained at least one of the following in the Commonwealth: a driver’s license, motor vehicle registration, voter registration, employment, property ownership, or sources of financial support.7\n\nAny member of the foreign service office who resided in the Commonwealth for at least 90 days immediately prior to receiving a foreign service assignment and who continues to be assigned overseas, and any dependents of such member.8\n\nAny child of an active duty member or veteran who claims Virginia as his home state and filed Virginia tax returns for at least 10 years during active duty service.9\n\nAny individual who (i) was admitted to the United States as a refugee under 8 U.S.C. § 1157 within the previous two calendar years or (ii) received a Special Immigrant Visa that has been granted a status under P.L. 110-181 § 1244, P.L. 109-163 § 1059, or P.L. 111-8 § 602 within the previous two calendar years and, upon entering the United States, resided in the Commonwealth and continues to reside in the Commonwealth as a refugee or pursuant to such Special Immigrant Visa.10\n\nAny non-Virginia student who is currently present in the Commonwealth as a result of being a victim of human trafficking. For the purposes of this subdivision, a person may be a victim of human trafficking regardless of whether any person has been charged with or convicted of any offense. Eligibility under this subdivision may be proved by a certification of such status as a victim of human trafficking by a federal, state, or local agency or not-for-profit agency, one of whose primary missions is to provide services to victims of human trafficking. For the purposes of this subdivision, “victim of human trafficking” means a victim of (i) a violation of clause (iii), (iv), or (v) of § 18.2-48; (ii) a felony violation of § 18.2-346; (iii) a violation of § 18.2-348, 18.2-349, 18.2-355 through 18.2-357.1, or 18.2-368; or (iv) sex trafficking or severe forms of trafficking in persons as defined in the Trafficking Victims Protection Act of 2000, 22 U.S.C. § 7101 et seq. Public institutions of higher education shall automatically record any student qualifying for in-state tuition pursuant to this subdivision as opting out of making any directory or educational information available to the public unless the student voluntarily and affirmatively chooses to opt in to allowing such directory or educational information to be made available.\n\t\t\t\tAny non-Virginia student granted in-state tuition pursuant to this subsection shall be counted as a Virginia student for the purposes of determining college admissions, enrollment, and tuition and fee revenue policies.B\n\nNotwithstanding the provisions of \u00a7 23.1-502 or any other provision of law to the contrary, the governing board of any public institution of higher education may charge in-state tuition to the following students regardless of domicile:1\n\nAny non-Virginia student enrolled in one of the institution’s programs designated by the Council who (i) is entitled to reduced tuition charges at the institutions of higher education in any other state that is a party to the Southern Regional Education Compact and that has similar reciprocal provisions for Virginia students and (ii) is domiciled in such other state;2\n\nAny non-Virginia student from a foreign country who is enrolled in a foreign exchange program approved by the institution of higher education during the same period in which a Virginia student from such institution is attending such foreign institution as an exchange student; and3\n\nAny high school or magnet school student, not otherwise qualified for in-state tuition, who is enrolled in courses specifically designed as part of the high school or magnet school curriculum in a comprehensive community college for which he may, upon successful completion, receive high school and college credit pursuant to a dual enrollment agreement between the high school or magnet school and the comprehensive community college.\n\t\t\t\tAny non-Virginia student granted in-state tuition pursuant to this subsection shall be counted as a non-Virginia student for the purposes of determining college admissions, enrollment, and tuition and fee revenue policies.C\n\nThe State Board shall charge in-state tuition to any non-Virginia student enrolled at a comprehensive community college who resides in another state within a 30-mile radius of a public institution of higher education in the Commonwealth, is domiciled in such other state, and is entitled to in-state tuition charges at the institutions of higher education in any state that is contiguous to the Commonwealth and that has similar reciprocal provisions for Virginia students.\n\t\t\tAny non-Virginia student granted in-state tuition pursuant to this subsection shall be counted as a Virginia student for the purposes of determining college admissions, enrollment, and tuition and fee revenue policies.","order_by":null,"text":{"0":{"id":217365,"text":"Notwithstanding \u00a7 23.1-502 or any other provision of law to the contrary, the following students are eligible for in-state tuition charges regardless of domicile:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":217366,"text":"Any non-Virginia student who resides outside the Commonwealth and has been employed full time in the Commonwealth for at least one year immediately prior to the date of the alleged entitlement if such student has paid Virginia income taxes on all taxable income earned in the Commonwealth for the tax year prior to the date of the alleged entitlement. Such student shall continue to be eligible for in-state tuition charges for so long as the student is employed full time in the Commonwealth and the student pays Virginia income taxes on all taxable income earned in the Commonwealth.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":217367,"text":"Any non-Virginia student who resides outside the Commonwealth and is claimed as a dependent for federal and Virginia income tax purposes if the nonresident parent claiming the student as a dependent has been employed full time in the Commonwealth for at least one year immediately prior to the date of the alleged entitlement and paid Virginia income taxes on all taxable income earned in the Commonwealth for the tax year prior to the date of the alleged entitlement. Such student shall continue to be eligible for in-state tuition charges for so long as his qualifying parent is employed full time in the Commonwealth, pays Virginia income taxes on all taxable income earned in the Commonwealth, and claims the student as a dependent for Virginia and federal income tax purposes.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":217368,"text":"Any active duty member, activated guard or reserve member, or guard or reserve member mobilized or on temporary active orders for 180 days or more who resides in the Commonwealth.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":217369,"text":"Any veteran who resides in the Commonwealth.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":217370,"text":"Any surviving spouse who resides in the Commonwealth.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":217371,"text":"Following completion of active duty service, any non-Virginia student who established domicile before being called to active duty in the National Guard of another state if during such active duty he maintained at least one of the following in the Commonwealth: a driver’s license, motor vehicle registration, voter registration, employment, property ownership, or sources of financial support.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":217372,"text":"Any member of the foreign service office who resided in the Commonwealth for at least 90 days immediately prior to receiving a foreign service assignment and who continues to be assigned overseas, and any dependents of such member.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":217373,"text":"Any child of an active duty member or veteran who claims Virginia as his home state and filed Virginia tax returns for at least 10 years during active duty service.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":217374,"text":"Any individual who (i) was admitted to the United States as a refugee under 8 U.S.C. § 1157 within the previous two calendar years or (ii) received a Special Immigrant Visa that has been granted a status under P.L. 110-181 § 1244, P.L. 109-163 § 1059, or P.L. 111-8 § 602 within the previous two calendar years and, upon entering the United States, resided in the Commonwealth and continues to reside in the Commonwealth as a refugee or pursuant to such Special Immigrant Visa.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":217375,"text":"Any non-Virginia student who is currently present in the Commonwealth as a result of being a victim of human trafficking. For the purposes of this subdivision, a person may be a victim of human trafficking regardless of whether any person has been charged with or convicted of any offense. Eligibility under this subdivision may be proved by a certification of such status as a victim of human trafficking by a federal, state, or local agency or not-for-profit agency, one of whose primary missions is to provide services to victims of human trafficking. For the purposes of this subdivision, “victim of human trafficking” means a victim of (i) a violation of clause (iii), (iv), or (v) of § 18.2-48; (ii) a felony violation of § 18.2-346; (iii) a violation of § 18.2-348, 18.2-349, 18.2-355 through 18.2-357.1, or 18.2-368; or (iv) sex trafficking or severe forms of trafficking in persons as defined in the Trafficking Victims Protection Act of 2000, 22 U.S.C. § 7101 et seq. Public institutions of higher education shall automatically record any student qualifying for in-state tuition pursuant to this subdivision as opting out of making any directory or educational information available to the public unless the student voluntarily and affirmatively chooses to opt in to allowing such directory or educational information to be made available.\n\t\t\t\tAny non-Virginia student granted in-state tuition pursuant to this subsection shall be counted as a Virginia student for the purposes of determining college admissions, enrollment, and tuition and fee revenue policies.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"B"},"11":{"id":217376,"text":"Notwithstanding the provisions of \u00a7 23.1-502 or any other provision of law to the contrary, the governing board of any public institution of higher education may charge in-state tuition to the following students regardless of domicile:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A10","next_prefix":"B1"},"12":{"id":217377,"text":"Any non-Virginia student enrolled in one of the institution’s programs designated by the Council who (i) is entitled to reduced tuition charges at the institutions of higher education in any other state that is a party to the Southern Regional Education Compact and that has similar reciprocal provisions for Virginia students and (ii) is domiciled in such other state;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"13":{"id":217378,"text":"Any non-Virginia student from a foreign country who is enrolled in a foreign exchange program approved by the institution of higher education during the same period in which a Virginia student from such institution is attending such foreign institution as an exchange student; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"14":{"id":217379,"text":"Any high school or magnet school student, not otherwise qualified for in-state tuition, who is enrolled in courses specifically designed as part of the high school or magnet school curriculum in a comprehensive community college for which he may, upon successful completion, receive high school and college credit pursuant to a dual enrollment agreement between the high school or magnet school and the comprehensive community college.\n\t\t\t\tAny non-Virginia student granted in-state tuition pursuant to this subsection shall be counted as a non-Virginia student for the purposes of determining college admissions, enrollment, and tuition and fee revenue policies.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"15":{"id":217380,"text":"The State Board shall charge in-state tuition to any non-Virginia student enrolled at a comprehensive community college who resides in another state within a 30-mile radius of a public institution of higher education in the Commonwealth, is domiciled in such other state, and is entitled to in-state tuition charges at the institutions of higher education in any state that is contiguous to the Commonwealth and that has similar reciprocal provisions for Virginia students.\n\t\t\tAny non-Virginia student granted in-state tuition pursuant to this subsection shall be counted as a Virginia student for the purposes of determining college admissions, enrollment, and tuition and fee revenue policies.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-506\/","history_text":"

This law was first created in 1996. The record of its establishment is cataloged in chapters 931<\/a> and 981<\/a> 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. It has been modified 16 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 1998, chapters 62<\/a> and 79<\/a>; in 1999, chapters 424<\/a> and 437<\/a>; in 2000, chapter 196<\/a>; in 2001, chapter 483<\/a>; in 2004, chapters 501<\/a> and 520<\/a>; in 2006, chapters 783<\/a> and 797<\/a>; in 2007, chapters 76<\/a>, 102<\/a>, and 112<\/a>; in 2008, chapter 723<\/a>; in 2009, chapter 470<\/a>; in 2011, chapter 376<\/a>; in 2013, chapters 166<\/a>, 243<\/a>, and 302<\/a>; in 2014, chapters 341<\/a> and 762<\/a>; in 2016, chapter 588<\/a>; in 2019, chapter 329<\/a>; in 2020, chapters 642<\/a>, 680<\/a>, 766<\/a>, and 767<\/a>; in 2022, chapter 795<\/a>.<\/p>","references":false,"refers_to":[{"id":79810,"section_number":"18.2-346","catch_line":"Prostitution; commercial sexual conduct; penalties","order_by":null,"url":"\/18.2-346\/"},{"id":83161,"section_number":"18.2-348","catch_line":"Aiding prostitution or illicit sexual intercourse, etc.; penalty","order_by":null,"url":"\/18.2-348\/"},{"id":85342,"section_number":"18.2-349","catch_line":"Using vehicles to promote prostitution or unlawful sexual intercourse; penalty","order_by":null,"url":"\/18.2-349\/"},{"id":57212,"section_number":"18.2-355","catch_line":"Taking, detaining, etc., person for prostitution, etc., or consenting thereto; human trafficking","order_by":null,"url":"\/18.2-355\/"},{"id":76497,"section_number":"18.2-357.1","catch_line":"Commercial sex trafficking; penalties","order_by":null,"url":"\/18.2-357.1\/"},{"id":55653,"section_number":"18.2-368","catch_line":"Placing or leaving spouse for prostitution; penalty","order_by":null,"url":"\/18.2-368\/"},{"id":59389,"section_number":"18.2-48","catch_line":"Abduction with intent to extort money or for immoral purpose","order_by":null,"url":"\/18.2-48\/"},{"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":184965,"object_type":"law","relational_id":59308,"identifier":"23.1-506","token":"23.1\/II\/5\/23.1-506","url":"\/23.1-506\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-506\/","token":"23.1\/II\/5\/23.1-506","dublin_core":{"Title":"Eligibility for in-state tuition; exception; certain out-of-state and high school students","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-506","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding \u00a7 23.1-502<\/a> or any other provision of law<\/span> to the contrary, the following students are eligible for in-state tuition charges regardless of domicile<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any non-Virginia student<\/span><\/span> who resides outside the Commonwealth and has been employed full time<\/span> in the Commonwealth for at least one year immediately prior to the date of the alleged entitlement<\/span> if such student has paid Virginia income taxes on all taxable income earned in the Commonwealth for the tax year prior to the date of the alleged entitlement<\/span>. Such student shall continue to be eligible for in-state tuition charges for so long as the student is employed full time<\/span> in the Commonwealth and the student pays Virginia income taxes on all taxable income earned in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any non-Virginia student<\/span><\/span> who resides outside the Commonwealth and is claimed as a dependent for federal and Virginia income tax purposes if the nonresident parent claiming the student as a dependent has been employed full time<\/span> in the Commonwealth for at least one year immediately prior to the date of the alleged entitlement<\/span> and paid Virginia income taxes on all taxable income earned in the Commonwealth for the tax year prior to the date of the alleged entitlement<\/span>. Such student shall continue to be eligible for in-state tuition charges for so long as his qualifying parent is employed full time<\/span> in the Commonwealth, pays Virginia income taxes on all taxable income earned in the Commonwealth, and claims the student as a dependent for Virginia and federal income tax purposes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any active duty member, activated guard or reserve member, or guard or reserve member mobilized or on temporary active orders<\/span> for 180 days or more who resides in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any veteran<\/span> who resides in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any surviving spouse<\/span> who resides in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Following completion of active duty service, any non-Virginia student<\/span><\/span> who established domicile<\/span> before being called to active duty in the National Guard of another state if during such active duty he maintained at least one of the following in the Commonwealth: a driver’s license, motor vehicle registration, voter registration, employment, property ownership, or sources of financial support. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any member of the foreign service office who resided in the Commonwealth for at least 90 days immediately prior to receiving a foreign service assignment and who continues to be assigned overseas, and any dependents of such member. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Any child of an active duty member or veteran<\/span> who claims Virginia as his home state and filed Virginia tax returns for at least 10 years during active duty service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Any individual who (i) was admitted to the United States as a refugee under 8 U.S.C. § 1157 within the previous two calendar years or (ii) received a Special Immigrant Visa that has been granted a status under P.L. 110-181 § 1244, P.L. 109-163 § 1059, or P.L. 111-8 § 602 within the previous two calendar years and, upon entering the United States, resided in the Commonwealth and continues to reside in the Commonwealth as a refugee or pursuant to such Special Immigrant Visa. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Any non-Virginia student<\/span><\/span> who is currently present in the Commonwealth as a result of being a victim of human trafficking<\/span>. For the purposes of this subdivision, a person may be a victim of human trafficking<\/span> regardless of whether any person has been charged with or convicted of any offense<\/span>. Eligibility under this subdivision may be proved by a certification of such status as a victim of human trafficking<\/span> by a federal, state, or local agency or not-for-profit agency, one of whose primary missions is to provide services to victims of human trafficking. For the purposes of this subdivision, “victim of human trafficking<\/span>” means a victim of (i) a violation of clause (iii), (iv), or (v) of § 18.2-48<\/a>; (ii) a felony<\/span> violation of § 18.2-346<\/a>; (iii) a violation of § 18.2-348<\/a>, 18.2-349<\/a>, 18.2-355<\/a> through 18.2-357.1<\/a>, or 18.2-368<\/a>; or (iv) sex trafficking or severe forms of trafficking in persons as defined in the Trafficking Victims Protection Act of 2000, 22 U.S.C. § 7101 et seq. Public institutions of higher education shall automatically record any student qualifying for in-state tuition pursuant to this subdivision as opting out of making any directory or educational information available to the public unless the student voluntarily and affirmatively chooses to opt in to allowing such directory or educational information to be made available.\n\t\t\t\tAny non-Virginia student<\/span><\/span> granted in-state tuition pursuant to this subsection shall be counted as a Virginia student<\/span> for the purposes of determining college admissions, enrollment, and tuition and fee revenue policies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of \u00a7 23.1-502<\/a> or any other provision of law<\/span> to the contrary, the governing board<\/span> of any public institution of higher education<\/span> may charge in-state tuition to the following students regardless of domicile<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any non-Virginia student<\/span><\/span> enrolled in one of the institution’s programs designated by the Council<\/span> who (i) is entitled to reduced tuition charges at the institutions of higher education in any other state that is a party<\/span> to the Southern Regional Education Compact and that has similar reciprocal provisions for Virginia students<\/span> and (ii) is domiciled in such other state; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any non-Virginia student<\/span><\/span> from a foreign country who is enrolled in a foreign exchange program approved by the institution of higher education during the same period in which a Virginia student<\/span> from such institution is attending such foreign institution as an exchange student; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any high school or magnet school student, not otherwise qualified for in-state tuition, who is enrolled in courses specifically designed as part of the high school or magnet school curriculum in a comprehensive community college<\/span> for which he may, upon successful completion, receive high school and college credit pursuant to a dual enrollment<\/span> agreement between the high school or magnet school and the comprehensive community college<\/span>.\n\t\t\t\tAny non-Virginia student<\/span><\/span> granted in-state tuition pursuant to this subsection shall be counted as a non-Virginia student<\/span><\/span> for the purposes of determining college admissions, enrollment, and tuition and fee revenue policies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The State Board<\/span> shall charge in-state tuition to any non-Virginia student<\/span><\/span> enrolled at a comprehensive community college<\/span> who resides in another state within a 30-mile radius of a public institution of higher education<\/span> in the Commonwealth, is domiciled in such other state, and is entitled to in-state tuition charges at the institutions of higher education in any state that is contiguous to the Commonwealth and that has similar reciprocal provisions for Virginia students<\/span>.\n\t\t\tAny non-Virginia student<\/span><\/span> granted in-state tuition pursuant to this subsection shall be counted as a Virginia student<\/span> for the purposes of determining college admissions, enrollment, and tuition and fee revenue policies. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nELIGIBILITY FOR IN-STATE TUITION; EXCEPTION; CERTAIN OUT-OF-STATE AND HIGH\nSCHOOL STUDENTS (\u00a7 23.1-506)\n\nA. Notwithstanding \u00a7 23.1-502 or any other provision of law to the contrary,\nthe following students are eligible for in-state tuition charges regardless of\ndomicile:\n\n 1. Any non-Virginia student who resides outside the Commonwealth and has been\n employed full time in the Commonwealth for at least one year immediately prior\n to the date of the alleged entitlement if such student has paid Virginia\n income taxes on all taxable income earned in the Commonwealth for the tax year\n prior to the date of the alleged entitlement. Such student shall continue to\n be eligible for in-state tuition charges for so long as the student is\n employed full time in the Commonwealth and the student pays Virginia income\n taxes on all taxable income earned in the Commonwealth.\n\n 2. Any non-Virginia student who resides outside the Commonwealth and is\n claimed as a dependent for federal and Virginia income tax purposes if the\n nonresident parent claiming the student as a dependent has been employed full\n time in the Commonwealth for at least one year immediately prior to the date\n of the alleged entitlement and paid Virginia income taxes on all taxable\n income earned in the Commonwealth for the tax year prior to the date of the\n alleged entitlement. Such student shall continue to be eligible for in-state\n tuition charges for so long as his qualifying parent is employed full time in\n the Commonwealth, pays Virginia income taxes on all taxable income earned in\n the Commonwealth, and claims the student as a dependent for Virginia and\n federal income tax purposes.\n\n 3. Any active duty member, activated guard or reserve member, or guard or\n reserve member mobilized or on temporary active orders for 180 days or more\n who resides in the Commonwealth.\n\n 4. Any veteran who resides in the Commonwealth.\n\n 5. Any surviving spouse who resides in the Commonwealth.\n\n 6. Following completion of active duty service, any non-Virginia student who\n established domicile before being called to active duty in the National Guard\n of another state if during such active duty he maintained at least one of the\n following in the Commonwealth: a driver’s license, motor vehicle\n registration, voter registration, employment, property ownership, or sources\n of financial support.\n\n 7. Any member of the foreign service office who resided in the Commonwealth\n for at least 90 days immediately prior to receiving a foreign service\n assignment and who continues to be assigned overseas, and any dependents of\n such member.\n\n 8. Any child of an active duty member or veteran who claims Virginia as his\n home state and filed Virginia tax returns for at least 10 years during active\n duty service.\n\n 9. Any individual who (i) was admitted to the United States as a refugee under\n 8 U.S.C. § 1157 within the previous two calendar years or (ii) received a\n Special Immigrant Visa that has been granted a status under P.L. 110-181\n § 1244, P.L. 109-163 § 1059, or P.L. 111-8 § 602 within the\n previous two calendar years and, upon entering the United States, resided in\n the Commonwealth and continues to reside in the Commonwealth as a refugee or\n pursuant to such Special Immigrant Visa.\n\n 10. Any non-Virginia student who is currently present in the Commonwealth as a\n result of being a victim of human trafficking. For the purposes of this\n subdivision, a person may be a victim of human trafficking regardless of\n whether any person has been charged with or convicted of any offense.\n Eligibility under this subdivision may be proved by a certification of such\n status as a victim of human trafficking by a federal, state, or local agency\n or not-for-profit agency, one of whose primary missions is to provide services\n to victims of human trafficking. For the purposes of this subdivision,\n “victim of human trafficking” means a victim of (i) a violation of\n clause (iii), (iv), or (v) of § 18.2-48; (ii) a felony violation of\n § 18.2-346; (iii) a violation of § 18.2-348, 18.2-349, 18.2-355\n through 18.2-357.1, or 18.2-368; or (iv) sex trafficking or severe forms of\n trafficking in persons as defined in the Trafficking Victims Protection Act of\n 2000, 22 U.S.C. § 7101 et seq. Public institutions of higher education\n shall automatically record any student qualifying for in-state tuition\n pursuant to this subdivision as opting out of making any directory or\n educational information available to the public unless the student voluntarily\n and affirmatively chooses to opt in to allowing such directory or educational\n information to be made available.\n \t\t\t\tAny non-Virginia student granted in-state tuition pursuant to this\n subsection shall be counted as a Virginia student for the purposes of\n determining college admissions, enrollment, and tuition and fee revenue\n policies.\n\nB. Notwithstanding the provisions of \u00a7 23.1-502 or any other provision of law\nto the contrary, the governing board of any public institution of higher\neducation may charge in-state tuition to the following students regardless of\ndomicile:\n\n 1. Any non-Virginia student enrolled in one of the institution’s\n programs designated by the Council who (i) is entitled to reduced tuition\n charges at the institutions of higher education in any other state that is a\n party to the Southern Regional Education Compact and that has similar\n reciprocal provisions for Virginia students and (ii) is domiciled in such\n other state;\n\n 2. Any non-Virginia student from a foreign country who is enrolled in a\n foreign exchange program approved by the institution of higher education\n during the same period in which a Virginia student from such institution is\n attending such foreign institution as an exchange student; and\n\n 3. Any high school or magnet school student, not otherwise qualified for\n in-state tuition, who is enrolled in courses specifically designed as part of\n the high school or magnet school curriculum in a comprehensive community\n college for which he may, upon successful completion, receive high school and\n college credit pursuant to a dual enrollment agreement between the high school\n or magnet school and the comprehensive community college.\n \t\t\t\tAny non-Virginia student granted in-state tuition pursuant to this\n subsection shall be counted as a non-Virginia student for the purposes of\n determining college admissions, enrollment, and tuition and fee revenue\n policies.\n\nC. The State Board shall charge in-state tuition to any non-Virginia student\nenrolled at a comprehensive community college who resides in another state\nwithin a 30-mile radius of a public institution of higher education in the\nCommonwealth, is domiciled in such other state, and is entitled to in-state\ntuition charges at the institutions of higher education in any state that is\ncontiguous to the Commonwealth and that has similar reciprocal provisions for\nVirginia students.\n\t\t\tAny non-Virginia student granted in-state tuition pursuant to this subsection\nshall be counted as a Virginia student for the purposes of determining college\nadmissions, enrollment, and tuition and fee revenue policies.\n\nHISTORY: 1996, cc. 931, 981, \u00a7 23-7.4:2; 1998, cc. 62, 79; 1999, cc. 424, 437;\n2000, c. 196; 2001, c. 483; 2004, cc. 501, 520; 2006, cc. 783, 797; 2007, cc.\n76, 102, 112; 2008, c. 723; 2009, c. 470; 2011, c. 376; 2013, cc. 166, 243, 302;\n2014, cc. 341, 762; 2016, c. 588; 2019, c. 329; 2020, cc. 642, 680, 766, 767;\n2021, Sp. Sess. I, cc. 107, 108; 2022, c. 795.","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}}