                                 CODE OF VIRGINIA

VIRGINIA MILITARY SURVIVORS AND DEPENDENTS EDUCATION PROGRAM; TUITION AND FEE
WAIVERS (§ 23.1-608)

A. As used in this section, unless the context requires a different meaning:
			&#8220;Domicile&#8221; has the same meaning as provided in &#xA7; 23.1-500.
			&#8220;Program&#8221; means the Virginia Military Survivors and Dependents
Education Program.
			&#8220;Qualified survivors and dependents&#8221; 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. 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.

C. 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.

D. 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 &#xA7; 2.2-2004 an overview of the
agency&#8217;s policies and strategies relating to dissemination of information
about the Program and Fund.

E. Each public institution of higher education shall include in its catalog or
equivalent publication a statement describing the benefits available pursuant to
this section.

F. 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.

HISTORY: 1996, cc. 931, 981, § 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.