{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-509.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-509.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-509.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-509.html"}],"law_id":81209,"edition_id":1,"section_id":81209,"structure_id":13964,"section_number":"23.1-509","catch_line":"In-state tuition; surcharge","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\nFor the purpose of this section:\n\t\t\t“Credit hour threshold” means 125 percent of the credit hours needed to satisfy the degree requirements for a specified undergraduate program.\n\t\t\t“Surcharge” means an amount equal to 100 percent of the average cost of a student’s education at the baccalaureate public institution of higher education that the student attends less tuition and mandatory educational and general fee charges assessed to a Virginia student who has not exceeded the credit hour threshold.B\n\nVirginia students who enroll for the first time at baccalaureate public institutions of higher education after August 1, 2006, shall be assessed a surcharge for each semester beginning in which the student continues to be enrolled after such student has reached the credit hour threshold.C\n\nIn calculating the credit hour threshold, the following courses and credit hours shall be excluded: (i) remedial courses; (ii) transfer credits from another institution of higher education that do not meet degree requirements for general education courses or the student’s chosen program of study; (iii) advanced placement or international baccalaureate credits that were obtained while in high school or another secondary school program; and (iv) dual enrollment, college-level credits obtained by the student prior to receiving a high school diploma.D\n\nThe relevant baccalaureate public institution of higher education may waive the surcharge in accordance with guidelines and criteria established by the Council, which may include illness, disability, and active service in the Armed Forces of the United States.","order_by":null,"text":{"0":{"id":291081,"text":"For the purpose of this section:\n\t\t\t“Credit hour threshold” means 125 percent of the credit hours needed to satisfy the degree requirements for a specified undergraduate program.\n\t\t\t“Surcharge” means an amount equal to 100 percent of the average cost of a student’s education at the baccalaureate public institution of higher education that the student attends less tuition and mandatory educational and general fee charges assessed to a Virginia student who has not exceeded the credit hour threshold.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":291082,"text":"Virginia students who enroll for the first time at baccalaureate public institutions of higher education after August 1, 2006, shall be assessed a surcharge for each semester beginning in which the student continues to be enrolled after such student has reached the credit hour threshold.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":291083,"text":"In calculating the credit hour threshold, the following courses and credit hours shall be excluded: (i) remedial courses; (ii) transfer credits from another institution of higher education that do not meet degree requirements for general education courses or the student’s chosen program of study; (iii) advanced placement or international baccalaureate credits that were obtained while in high school or another secondary school program; and (iv) dual enrollment, college-level credits obtained by the student prior to receiving a high school diploma.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":291084,"text":"The relevant baccalaureate public institution of higher education may waive the surcharge in accordance with guidelines and criteria established by the Council, which may include illness, disability, and active service in the Armed Forces of the United States.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-509\/","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":false,"refers_to":false,"permalink":{"id":184985,"object_type":"law","relational_id":81209,"identifier":"23.1-509","token":"23.1\/II\/5\/23.1-509","url":"\/23.1-509\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-509\/","token":"23.1\/II\/5\/23.1-509","dublin_core":{"Title":"In-state tuition; surcharge","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-509","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purpose of this section:\n\t\t\t“Credit hour threshold<\/span>” means 125 percent of the credit hours needed to satisfy the degree requirements for a specified undergraduate program.\n\t\t\t“Surcharge<\/span>” means an amount equal to 100 percent of the average cost of a student’s education at the baccalaureate public institution of higher education<\/span><\/span> that the student attends less tuition and mandatory educational and general fee charges assessed to a Virginia student<\/span> who has not exceeded the credit hour threshold<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Virginia students<\/span> who enroll for the first time at baccalaureate public institutions of higher education after August 1, 2006, shall be assessed a surcharge<\/span> for each semester beginning in which the student continues to be enrolled after such student has reached the credit hour threshold<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In calculating the credit hour threshold<\/span>, the following courses and credit hours shall be excluded: (i) remedial courses; (ii) transfer credits from another institution of higher education that do not meet degree requirements for general education courses or the student’s chosen program of study; (iii) advanced placement or international baccalaureate credits that were obtained while in high school or another secondary school program; and (iv) dual enrollment<\/span>, college-level credits obtained by the student prior to receiving a high school diploma. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The relevant baccalaureate public institution of higher education<\/span><\/span> may waive<\/span> the surcharge<\/span> in accordance with guidelines and criteria established by the Council<\/span>, which may include illness, disability, and active service in the Armed Forces of the United States. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIN-STATE TUITION; SURCHARGE (\u00a7 23.1-509)\n\nA. For the purpose of this section:\n\t\t\t“Credit hour threshold” means 125 percent of the credit hours\nneeded to satisfy the degree requirements for a specified undergraduate program.\n\t\t\t“Surcharge” means an amount equal to 100 percent of the average\ncost of a student’s education at the baccalaureate public institution of\nhigher education that the student attends less tuition and mandatory educational\nand general fee charges assessed to a Virginia student who has not exceeded the\ncredit hour threshold.\n\nB. Virginia students who enroll for the first time at baccalaureate public\ninstitutions of higher education after August 1, 2006, shall be assessed a\nsurcharge for each semester beginning in which the student continues to be\nenrolled after such student has reached the credit hour threshold.\n\nC. In calculating the credit hour threshold, the following courses and credit\nhours shall be excluded: (i) remedial courses; (ii) transfer credits from\nanother institution of higher education that do not meet degree requirements for\ngeneral education courses or the student’s chosen program of study; (iii)\nadvanced placement or international baccalaureate credits that were obtained\nwhile in high school or another secondary school program; and (iv) dual\nenrollment, college-level credits obtained by the student prior to receiving a\nhigh school diploma.\n\nD. The relevant baccalaureate public institution of higher education may waive\nthe surcharge in accordance with guidelines and criteria established by the\nCouncil, which may include illness, disability, and active service in the Armed\nForces of the United States.\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}}