                                 CODE OF VIRGINIA

ELIGIBILITY FOR IN-STATE TUITION AND STATE FINANCIAL ASSISTANCE PROGRAMS (§
23.1-505.1)

Notwithstanding § 23.1-502 or any other provision of law to the contrary, any
student who (i) attended high school for at least two years in the Commonwealth
and either (a) graduated on or after July 1, 2008, from a public or private high
school or program of home instruction in the Commonwealth or (b) passed on or
after July 1, 2008, a high school equivalency examination approved by the
Secretary of Education; (ii) has submitted evidence that he or, in the case of a
dependent student, at least one parent, guardian, or person standing in loco
parentis has filed, unless exempted by state law, Virginia income tax returns
for at least two years prior to the date of registration or enrollment; and
(iii) registers as an entering student or is enrolled in a public institution of
higher education or private institution of higher education in the Commonwealth,
is eligible for in-state tuition regardless of citizenship or immigration
status, except that students with currently valid visas issued under 8 U.S.C. §
1101(a)(15)(F), 1101(a)(15)(H)(iii), 1101(a)(15)(J)(including only students or
trainees), or 1101(a)(15)(M) are not eligible. All such students shall be
afforded the same educational benefits, including access to financial assistance
programs administered by the Council, the State Board, or a public institution
of higher education, as any other individual who is eligible for in-state
tuition pursuant to § 23.1-502. Information obtained in the implementation of
this section shall only be used or disclosed to individuals other than the
student for purposes of determining such educational benefits.
		Any non-Virginia student granted in-state tuition pursuant to this section
shall be counted as a Virginia student for the purposes of determining college
admissions, enrollment, and tuition and fee revenue policies.

HISTORY: 2021, Sp. Sess. I, cc. 107, 108.