{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-608.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-608.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-608.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-608.html"}],"law_id":67057,"edition_id":1,"section_id":67057,"structure_id":14594,"section_number":"23.1-608","catch_line":"Virginia Military Survivors and Dependents Education Program; tuition and fee waivers","history":"1996, cc. 931, 981, \u00a7 23-7.4:1; 1998, c. 377; 2001, c. 330; 2003, cc. 657, 670; 2005, cc. 773, 783; 2006, c. 793; 2007, cc. 116, 161, 717; 2011, cc. 572, 586; 2012, c. 776; 2013, c. 719; 2014, cc. 184, 657; 2015, cc. 38, 730; 2016, c. 588; 2019, cc. 317, 491; 2022, c. 442; 2023, cc. 756, 778; 2025, c. 384.","full_text":"A\n\nAs used in this section, unless the context requires a different meaning:\n\t\t\t“Domicile” has the same meaning as provided in § 23.1-500.\n\t\t\t“Program” means the Virginia Military Survivors and Dependents Education Program.\n\t\t\t“Qualified survivors and dependents” means the spouse or a child between the ages of 16 and 29 (i) of a military service member who, while serving as an active duty member in the Armed Forces of the United States, Reserves of the Armed Forces of the United States, or Virginia National Guard, during military operations against terrorism, on a peacekeeping mission, as a result of a terrorist act, or in any armed conflict, was killed, became missing in action, or became a prisoner of war or (ii) of a veteran who served in the Armed Forces of the United States, Reserves of the Armed Forces of the United States, or Virginia National Guard and, due to such service, has been rated by the U.S. Department of Veterans Affairs as totally and permanently disabled or at least 90 percent permanently disabled and has been discharged or released under conditions other than dishonorable. However, the Commissioner of Veterans Services may certify dependents above the age of 29 in those cases in which extenuating circumstances prevented the dependent child from using his benefits before the age of 30. For purposes of this section, a child who is a stepchild of a deceased military service member described in this section shall receive all benefits described in this section as a child of such military service member if the military service member claimed the stepchild on his tax return or on his Defense Enrollment Eligibility Reporting System while serving on active duty.B\n\nThe Virginia Military Survivors and Dependents Education Program is established for the purpose of waiving tuition and mandatory fees at a public institution of higher education for qualified survivors and dependents who have been admitted to such institution and meet the requirements of subsection C, as certified by the Commissioner of Veterans Services.C\n\nAdmitted qualified survivors and dependents are eligible for a waiver of tuition and mandatory fees pursuant to this section if the military service member who was killed, became missing in action, became a prisoner of war, or is disabled (i) established domicile (a) at the time of entering such active military service or called to active duty as a member of the Reserves of the Armed Forces of the United States or Virginia National Guard; (b) at least five years immediately prior to, or had a physical presence in the Commonwealth for at least five years immediately prior to, the date on which the admission application was submitted by or on behalf of such qualified survivor or dependent for admission to such institution of higher education; or (c) on the date of his death and for at least five years immediately prior to his death or had a physical presence in the Commonwealth on the date of his death and had a physical presence in the Commonwealth for at least five years immediately prior to his death; (ii) in the case of a qualified child, is deceased and the surviving parent, at some time previous to marrying the deceased parent, established domicile for at least five years, or established domicile or had a physical presence in the Commonwealth for at least five years immediately prior to the date on which the admission application was submitted by or on behalf of such child; or (iii) in the case of a qualified spouse, is deceased and the surviving spouse, at some time previous to marrying the deceased spouse, established domicile for at least five years or had a physical presence in the Commonwealth for at least five years prior to the date on which the admission application was submitted by such qualified spouse. In any case under this subsection, the Commissioner of the Department of Veterans Services shall have the authority to consider the domicile or physical presence requirements under clause (i) (c) through the surviving spouse or under clause (iii) through the surviving student if the military service member or surviving spouse dies after having established physical presence within the Commonwealth but before such requirements can be met.D\n\nThe Department of Veterans Services shall disseminate information about the Program to those spouses and dependents who may qualify. The Department of Veterans Services shall coordinate with the U.S. Department of Veterans Affairs to identify veterans and qualified survivors and dependents. The Commissioner of Veterans Services shall include in the annual report submitted to the Governor and the General Assembly pursuant to § 2.2-2004 an overview of the agency’s policies and strategies relating to dissemination of information about the Program and Fund.E\n\nEach public institution of higher education shall include in its catalog or equivalent publication a statement describing the benefits available pursuant to this section.F\n\nThe Department of Veterans Services and the Council shall coordinate to report no later than December 15 of each year to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations (i) the number of qualified survivors and dependents who have been determined to be eligible for a waiver of tuition and mandatory fees at a public institution of higher education pursuant to the Program but have not yet enrolled at such an institution and (ii) the best available estimate of the number of qualified survivors and dependents who are enrolled at each public institution of higher education with a waiver of tuition and mandatory fees pursuant to the Program as of December 1 of the current fall semester.","order_by":null,"text":{"0":{"id":243045,"text":"As used in this section, unless the context requires a different meaning:\n\t\t\t“Domicile” has the same meaning as provided in § 23.1-500.\n\t\t\t“Program” means the Virginia Military Survivors and Dependents Education Program.\n\t\t\t“Qualified survivors and dependents” means the spouse or a child between the ages of 16 and 29 (i) of a military service member who, while serving as an active duty member in the Armed Forces of the United States, Reserves of the Armed Forces of the United States, or Virginia National Guard, during military operations against terrorism, on a peacekeeping mission, as a result of a terrorist act, or in any armed conflict, was killed, became missing in action, or became a prisoner of war or (ii) of a veteran who served in the Armed Forces of the United States, Reserves of the Armed Forces of the United States, or Virginia National Guard and, due to such service, has been rated by the U.S. Department of Veterans Affairs as totally and permanently disabled or at least 90 percent permanently disabled and has been discharged or released under conditions other than dishonorable. However, the Commissioner of Veterans Services may certify dependents above the age of 29 in those cases in which extenuating circumstances prevented the dependent child from using his benefits before the age of 30. For purposes of this section, a child who is a stepchild of a deceased military service member described in this section shall receive all benefits described in this section as a child of such military service member if the military service member claimed the stepchild on his tax return or on his Defense Enrollment Eligibility Reporting System while serving on active duty.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":243046,"text":"The Virginia Military Survivors and Dependents Education Program is established for the purpose of waiving tuition and mandatory fees at a public institution of higher education for qualified survivors and dependents who have been admitted to such institution and meet the requirements of subsection C, as certified by the Commissioner of Veterans Services.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":243047,"text":"Admitted qualified survivors and dependents are eligible for a waiver of tuition and mandatory fees pursuant to this section if the military service member who was killed, became missing in action, became a prisoner of war, or is disabled (i) established domicile (a) at the time of entering such active military service or called to active duty as a member of the Reserves of the Armed Forces of the United States or Virginia National Guard; (b) at least five years immediately prior to, or had a physical presence in the Commonwealth for at least five years immediately prior to, the date on which the admission application was submitted by or on behalf of such qualified survivor or dependent for admission to such institution of higher education; or (c) on the date of his death and for at least five years immediately prior to his death or had a physical presence in the Commonwealth on the date of his death and had a physical presence in the Commonwealth for at least five years immediately prior to his death; (ii) in the case of a qualified child, is deceased and the surviving parent, at some time previous to marrying the deceased parent, established domicile for at least five years, or established domicile or had a physical presence in the Commonwealth for at least five years immediately prior to the date on which the admission application was submitted by or on behalf of such child; or (iii) in the case of a qualified spouse, is deceased and the surviving spouse, at some time previous to marrying the deceased spouse, established domicile for at least five years or had a physical presence in the Commonwealth for at least five years prior to the date on which the admission application was submitted by such qualified spouse. In any case under this subsection, the Commissioner of the Department of Veterans Services shall have the authority to consider the domicile or physical presence requirements under clause (i) (c) through the surviving spouse or under clause (iii) through the surviving student if the military service member or surviving spouse dies after having established physical presence within the Commonwealth but before such requirements can be met.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":243048,"text":"The Department of Veterans Services shall disseminate information about the Program to those spouses and dependents who may qualify. The Department of Veterans Services shall coordinate with the U.S. Department of Veterans Affairs to identify veterans and qualified survivors and dependents. The Commissioner of Veterans Services shall include in the annual report submitted to the Governor and the General Assembly pursuant to § 2.2-2004 an overview of the agency’s policies and strategies relating to dissemination of information about the Program and Fund.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":243049,"text":"Each public institution of higher education shall include in its catalog or equivalent publication a statement describing the benefits available pursuant to this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":243050,"text":"The Department of Veterans Services and the Council shall coordinate to report no later than December 15 of each year to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations (i) the number of qualified survivors and dependents who have been determined to be eligible for a waiver of tuition and mandatory fees at a public institution of higher education pursuant to the Program but have not yet enrolled at such an institution and (ii) the best available estimate of the number of qualified survivors and dependents who are enrolled at each public institution of higher education with a waiver of tuition and mandatory fees pursuant to the Program as of December 1 of the current fall semester.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14594,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13397,"metadata":{},"date_created":"2026-06-26 03:48:48","date_modified":"2026-06-26 03:48:48","permalink":{"id":184999,"object_type":"structure","relational_id":14594,"identifier":"1","token":"23.1\/II\/6\/1","url":"\/23.1\/II\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13397,"edition_id":1,"name":"Financial Assistance","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":13112,"metadata":{},"date_created":"2026-06-26 03:44:48","date_modified":"2026-06-26 03:44:48","permalink":{"id":184997,"object_type":"structure","relational_id":13397,"identifier":"6","token":"23.1\/II\/6","url":"\/23.1\/II\/6\/","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":71305,"structure_id":14594,"section_number":"23.1-600","catch_line":"Participation in and eligibility for state-supported financial aid programs","url":"\/23.1-600\/","token":"23.1\/II\/6\/1\/23.1-600","metadata":false},{"id":56934,"structure_id":14594,"section_number":"23.1-601","catch_line":"Public institutions of higher education; grants for tuition, room and board, and fees for certain individuals; point of contact","url":"\/23.1-601\/","token":"23.1\/II\/6\/1\/23.1-601","metadata":false},{"id":66577,"structure_id":14594,"section_number":"23.1-602","catch_line":"Payments to institutions of higher education for certain courses taken by law-enforcement officers","url":"\/23.1-602\/","token":"23.1\/II\/6\/1\/23.1-602","metadata":false},{"id":74634,"structure_id":14594,"section_number":"23.1-603","catch_line":"State cadets; Mary Baldwin College and Virginia Polytechnic Institute and State University; financial assistance awards","url":"\/23.1-603\/","token":"23.1\/II\/6\/1\/23.1-603","metadata":false},{"id":66583,"structure_id":14594,"section_number":"23.1-604","catch_line":"Investment of funds donated for scholarships","url":"\/23.1-604\/","token":"23.1\/II\/6\/1\/23.1-604","metadata":false},{"id":61488,"structure_id":14594,"section_number":"23.1-605","catch_line":"Commissioned officers; waiver of tuition and mandatory fees","url":"\/23.1-605\/","token":"23.1\/II\/6\/1\/23.1-605","metadata":false},{"id":75294,"structure_id":14594,"section_number":"23.1-606","catch_line":"Service in Armed Forces of the United States; discharge of scholarship service obligations","url":"\/23.1-606\/","token":"23.1\/II\/6\/1\/23.1-606","metadata":false},{"id":85029,"structure_id":14594,"section_number":"23.1-607","catch_line":"Compensation of cooperating teachers","url":"\/23.1-607\/","token":"23.1\/II\/6\/1\/23.1-607","metadata":false},{"id":72542,"structure_id":14594,"section_number":"23.1-607.1","catch_line":"Veterans; withdrawal; tuition refund","url":"\/23.1-607.1\/","token":"23.1\/II\/6\/1\/23.1-607.1","metadata":false},{"id":67057,"structure_id":14594,"section_number":"23.1-608","catch_line":"Virginia Military Survivors and Dependents Education Program; tuition and fee waivers","url":"\/23.1-608\/","token":"23.1\/II\/6\/1\/23.1-608","metadata":false},{"id":84803,"structure_id":14594,"section_number":"23.1-608.1","catch_line":"Virginia Military Survivors and Dependents Education Fund; stipends","url":"\/23.1-608.1\/","token":"23.1\/II\/6\/1\/23.1-608.1","metadata":false},{"id":87358,"structure_id":14594,"section_number":"23.1-609","catch_line":"Surviving spouses and children of certain individuals; tuition and fee waivers","url":"\/23.1-609\/","token":"23.1\/II\/6\/1\/23.1-609","metadata":false},{"id":56098,"structure_id":14594,"section_number":"23.1-610","catch_line":"Virginia National Guard State Tuition Assistance Program; grants","url":"\/23.1-610\/","token":"23.1\/II\/6\/1\/23.1-610","metadata":false},{"id":76741,"structure_id":14594,"section_number":"23.1-610.1","catch_line":"Veteran Student Transition Grant Fund and Program","url":"\/23.1-610.1\/","token":"23.1\/II\/6\/1\/23.1-610.1","metadata":false},{"id":86445,"structure_id":14594,"section_number":"23.1-611","catch_line":"Students from foreign countries; student exchange programs; tuition and fee waivers","url":"\/23.1-611\/","token":"23.1\/II\/6\/1\/23.1-611","metadata":false},{"id":74608,"structure_id":14594,"section_number":"23.1-611.1","catch_line":"Financial aid award notification","url":"\/23.1-611.1\/","token":"23.1\/II\/6\/1\/23.1-611.1","metadata":false}],"previous_section":{"id":72542,"structure_id":14594,"section_number":"23.1-607.1","catch_line":"Veterans; withdrawal; tuition refund","url":"\/23.1-607.1\/","token":"23.1\/II\/6\/1\/23.1-607.1","metadata":false},"next_section":{"id":84803,"structure_id":14594,"section_number":"23.1-608.1","catch_line":"Virginia Military Survivors and Dependents Education Fund; stipends","url":"\/23.1-608.1\/","token":"23.1\/II\/6\/1\/23.1-608.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-608\/","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, chapter 377<\/a>; in 2001, chapter 330<\/a>; in 2003, chapters 657<\/a> and 670<\/a>; in 2005, chapters 773<\/a> and 783<\/a>; in 2006, chapter 793<\/a>; in 2007, chapters 116<\/a>, 161<\/a>, and 717<\/a>; in 2011, chapters 572<\/a> and 586<\/a>; in 2012, chapter 776<\/a>; in 2013, chapter 719<\/a>; in 2014, chapters 184<\/a> and 657<\/a>; in 2015, chapters 38<\/a> and 730<\/a>; in 2016, chapter 588<\/a>; in 2019, chapters 317<\/a> and 491<\/a>; in 2022, chapter 442<\/a>; in 2023, chapters 756<\/a> and 778<\/a>; in 2025, chapter 384<\/a>.<\/p>","references":[{"id":85959,"section_number":"2.2-2004","catch_line":"Additional powers and duties of Commissioner","order_by":null,"url":"\/2.2-2004\/"}],"refers_to":[{"id":85959,"section_number":"2.2-2004","catch_line":"Additional powers and duties of Commissioner","order_by":null,"url":"\/2.2-2004\/"},{"id":87208,"section_number":"23.1-500","catch_line":"Definitions","order_by":null,"url":"\/23.1-500\/"}],"permalink":{"id":185037,"object_type":"law","relational_id":67057,"identifier":"23.1-608","token":"23.1\/II\/6\/1\/23.1-608","url":"\/23.1-608\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-608\/","token":"23.1\/II\/6\/1\/23.1-608","dublin_core":{"Title":"Virginia Military Survivors and Dependents Education Program; tuition and fee waivers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-608","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, unless the context requires a different meaning:\n\t\t\t“Domicile<\/span>” has the same meaning as provided in § 23.1-500<\/a>.\n\t\t\t“Program<\/span>” means the Virginia Military Survivors and Dependents Education Program<\/span>.\n\t\t\t“Qualified survivors and dependents<\/span>” means the spouse or a child between the ages of 16 and 29 (i) of a military service member who, while serving as an active duty member in the Armed Forces of the United States, Reserves of the Armed Forces of the United States, or Virginia National Guard, during military operations against terrorism, on a peacekeeping mission, as a result of a terrorist act, or in any armed conflict, was killed, became missing in action, or became a prisoner of war or (ii) of a veteran who served in the Armed Forces of the United States, Reserves of the Armed Forces of the United States, or Virginia National Guard and, due to such service, has been rated by the U.S. Department of Veterans Affairs as totally and permanently disabled or at least 90 percent permanently disabled and has been discharged or released under conditions other than dishonorable. However, the Commissioner of Veterans Services may certify dependents above the age of 29 in those cases in which extenuating circumstances<\/span> prevented the dependent child from using his benefits before the age of 30. For purposes of this section, a child who is a stepchild of a deceased military service member described in this section shall receive all benefits described in this section as a child of such military service member if the military service member claimed the stepchild on his tax return or on his Defense Enrollment Eligibility Reporting System<\/span> while serving on active duty. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Virginia Military Survivors and Dependents Education Program<\/span> is established for the purpose of waiving tuition and mandatory fees at a public institution of higher education<\/span> for qualified survivors and dependents<\/span> who have been admitted to such institution and meet the requirements of subsection C, as certified by the Commissioner of Veterans Services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Admitted qualified survivors and dependents<\/span> are eligible for a waiver<\/span> of tuition and mandatory fees pursuant to this section if the military service member who was killed, became missing in action, became a prisoner of war, or is disabled (i) established domicile<\/span> (a) at the time of entering such active military service or called to active duty as a member of the Reserves of the Armed Forces of the United States or Virginia National Guard; (b) at least five years immediately prior to, or had a physical presence in the Commonwealth for at least five years immediately prior to, the date on which the admission application was submitted by or on behalf of such qualified survivor or dependent for admission to such institution of higher education; or (c) on the date of his death and for at least five years immediately prior to his death or had a physical presence in the Commonwealth on the date of his death and had a physical presence in the Commonwealth for at least five years immediately prior to his death; (ii) in the case of a qualified child, is deceased and the surviving parent, at some time previous to marrying the deceased parent, established domicile<\/span> for at least five years, or established domicile<\/span> or had a physical presence in the Commonwealth for at least five years immediately prior to the date on which the admission application was submitted by or on behalf of such child; or (iii) in the case of a qualified spouse, is deceased and the surviving spouse, at some time previous to marrying the deceased spouse, established domicile<\/span> for at least five years or had a physical presence in the Commonwealth for at least five years prior to the date on which the admission application was submitted by such qualified spouse. In any case under this subsection, the Commissioner of the Department of Veterans Services shall have the authority to consider the domicile<\/span> or physical presence requirements under clause (i) (c) through the surviving spouse or under clause (iii) through the surviving student if the military service member or surviving spouse dies after having established physical presence within the Commonwealth but before such requirements can be met. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department of Veterans Services shall disseminate information about the Program<\/span> to those spouses and dependents who may qualify. The Department of Veterans Services shall coordinate with the U.S. Department of Veterans Affairs to identify veterans and qualified survivors and dependents<\/span>. The Commissioner of Veterans Services shall include in the annual report submitted to the Governor and the General Assembly pursuant to § 2.2-2004<\/a> an overview of the agency’s policies and strategies relating to dissemination of information about the Program<\/span> and Fund. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Each public institution of higher education<\/span> shall include in its catalog or equivalent publication a statement describing the benefits available pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Department of Veterans Services and the Council<\/span> shall coordinate to report no later than December 15 of each year to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations (i) the number of qualified survivors and dependents<\/span> who have been determined to be eligible for a waiver<\/span> of tuition and mandatory fees at a public institution of higher education<\/span> pursuant to the Program<\/span> but have not yet enrolled at such an institution and (ii) the best available estimate of the number of qualified survivors and dependents<\/span> who are enrolled at each public institution of higher education<\/span> with a waiver<\/span> of tuition and mandatory fees pursuant to the Program<\/span> as of December 1 of the current fall semester. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVIRGINIA MILITARY SURVIVORS AND DEPENDENTS EDUCATION PROGRAM; TUITION AND FEE\nWAIVERS (\u00a7 23.1-608)\n\nA. As used in this section, unless the context requires a different meaning:\n\t\t\t“Domicile” has the same meaning as provided in § 23.1-500.\n\t\t\t“Program” means the Virginia Military Survivors and Dependents\nEducation Program.\n\t\t\t“Qualified survivors and dependents” means the spouse or a child\nbetween the ages of 16 and 29 (i) of a military service member who, while\nserving as an active duty member in the Armed Forces of the United States,\nReserves of the Armed Forces of the United States, or Virginia National Guard,\nduring military operations against terrorism, on a peacekeeping mission, as a\nresult of a terrorist act, or in any armed conflict, was killed, became missing\nin action, or became a prisoner of war or (ii) of a veteran who served in the\nArmed Forces of the United States, Reserves of the Armed Forces of the United\nStates, or Virginia National Guard and, due to such service, has been rated by\nthe U.S. Department of Veterans Affairs as totally and permanently disabled or\nat least 90 percent permanently disabled and has been discharged or released\nunder conditions other than dishonorable. However, the Commissioner of Veterans\nServices may certify dependents above the age of 29 in those cases in which\nextenuating circumstances prevented the dependent child from using his benefits\nbefore the age of 30. For purposes of this section, a child who is a stepchild\nof a deceased military service member described in this section shall receive\nall benefits described in this section as a child of such military service\nmember if the military service member claimed the stepchild on his tax return or\non his Defense Enrollment Eligibility Reporting System while serving on active\nduty.\n\nB. The Virginia Military Survivors and Dependents Education Program is\nestablished for the purpose of waiving tuition and mandatory fees at a public\ninstitution of higher education for qualified survivors and dependents who have\nbeen admitted to such institution and meet the requirements of subsection C, as\ncertified by the Commissioner of Veterans Services.\n\nC. Admitted qualified survivors and dependents are eligible for a waiver of\ntuition and mandatory fees pursuant to this section if the military service\nmember who was killed, became missing in action, became a prisoner of war, or is\ndisabled (i) established domicile (a) at the time of entering such active\nmilitary service or called to active duty as a member of the Reserves of the\nArmed Forces of the United States or Virginia National Guard; (b) at least five\nyears immediately prior to, or had a physical presence in the Commonwealth for\nat least five years immediately prior to, the date on which the admission\napplication was submitted by or on behalf of such qualified survivor or\ndependent for admission to such institution of higher education; or (c) on the\ndate of his death and for at least five years immediately prior to his death or\nhad a physical presence in the Commonwealth on the date of his death and had a\nphysical presence in the Commonwealth for at least five years immediately prior\nto his death; (ii) in the case of a qualified child, is deceased and the\nsurviving parent, at some time previous to marrying the deceased parent,\nestablished domicile for at least five years, or established domicile or had a\nphysical presence in the Commonwealth for at least five years immediately prior\nto the date on which the admission application was submitted by or on behalf of\nsuch child; or (iii) in the case of a qualified spouse, is deceased and the\nsurviving spouse, at some time previous to marrying the deceased spouse,\nestablished domicile for at least five years or had a physical presence in the\nCommonwealth for at least five years prior to the date on which the admission\napplication was submitted by such qualified spouse. In any case under this\nsubsection, the Commissioner of the Department of Veterans Services shall have\nthe authority to consider the domicile or physical presence requirements under\nclause (i) (c) through the surviving spouse or under clause (iii) through the\nsurviving student if the military service member or surviving spouse dies after\nhaving established physical presence within the Commonwealth but before such\nrequirements can be met.\n\nD. The Department of Veterans Services shall disseminate information about the\nProgram to those spouses and dependents who may qualify. The Department of\nVeterans Services shall coordinate with the U.S. Department of Veterans Affairs\nto identify veterans and qualified survivors and dependents. The Commissioner of\nVeterans Services shall include in the annual report submitted to the Governor\nand the General Assembly pursuant to § 2.2-2004 an overview of the\nagency’s policies and strategies relating to dissemination of information\nabout the Program and Fund.\n\nE. Each public institution of higher education shall include in its catalog or\nequivalent publication a statement describing the benefits available pursuant to\nthis section.\n\nF. The Department of Veterans Services and the Council shall coordinate to\nreport no later than December 15 of each year to the Chairmen of the House\nCommittee on Appropriations and the Senate Committee on Finance and\nAppropriations (i) the number of qualified survivors and dependents who have\nbeen determined to be eligible for a waiver of tuition and mandatory fees at a\npublic institution of higher education pursuant to the Program but have not yet\nenrolled at such an institution and (ii) the best available estimate of the\nnumber of qualified survivors and dependents who are enrolled at each public\ninstitution of higher education with a waiver of tuition and mandatory fees\npursuant to the Program as of December 1 of the current fall semester.\n\nHISTORY: 1996, cc. 931, 981, \u00a7 23-7.4:1; 1998, c. 377; 2001, c. 330; 2003, cc.\n657, 670; 2005, cc. 773, 783; 2006, c. 793; 2007, cc. 116, 161, 717; 2011, cc.\n572, 586; 2012, c. 776; 2013, c. 719; 2014, cc. 184, 657; 2015, cc. 38, 730;\n2016, c. 588; 2019, cc. 317, 491; 2022, c. 442; 2023, cc. 756, 778; 2025, c.\n384.","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}}