A. Public institutions of higher education may enter into special arrangement contracts with employers in the Commonwealth or authorities controlling federal installations or agencies located in the Commonwealth for the purpose of providing reduced rate tuition charges for the employees of such employers or authorities who are non-Virginia students at such institutions when such employers or authorities assume the liability for paying, to the extent permitted by federal law, the tuition charges for such employees.
B. Such special arrangement contracts may be (i) for group instruction in facilities provided by the employer or federal authority or in the institution’s facilities or (ii) on a student-by-student basis for specific employment-related programs.
C. Special arrangement contracts are valid for a period not to exceed two years and shall be reviewed for legal sufficiency by the Office of the Attorney General prior to signing. All tuition charges agreed to by the public institutions shall be at least equal to in-state tuition and shall be granted only by the institution with which the employer or the federal authorities have a valid contract for students for whom the employer or federal authority is paying the tuition charges.
D. All special arrangement contracts with authorities controlling federal installations or agencies shall include a specific number of students to be charged reduced tuition rates.
E. Subject to the restrictions provided in subdivisions 1, 2, and 3, public institutions of higher education may enter into special arrangement contracts with the Department of Military Affairs for the purpose of providing reduced rate tuition charges for any member of the Virginia National Guard receiving state tuition assistance pursuant to § 23.1-610.
1. No more than 50 non-Virginia students in any year shall receive reduced rate tuition charges pursuant to this subsection. In the event that the number of eligible students in any year exceeds 50, the Department of Military Affairs shall allocate such reduced rate tuition benefits on a first-come, first-served basis.
2. No non-Virginia student shall receive reduced rate tuition pursuant to this subsection unless he has been enrolled as a non-Virginia student in a public institution of higher education in the Commonwealth for at least two years prior to receiving such reduced rate tuition. Additionally, a non-Virginia student shall be eligible to receive reduced rate tuition pursuant to this subsection for no more than two years.
3. The Department of Military Affairs shall develop guidelines for implementing the provisions of this subsection. Such guidelines shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
F. Nothing in this section shall change the domicile of any student for the purposes of enrollment reporting or calculating the proportions of general funds and tuition and fees contributed to the cost of education.