                                 CODE OF VIRGINIA

DETERMINATION OF DOMICILE; EXCEPTION; DEPENDENTS OF CERTAIN ACTIVE DUTY MILITARY
PERSONNEL, ETC (§ 23.1-505)

A. For the purposes of this section:
			&#8220;Date of alleged entitlement&#8221; means the date of admission or
acceptance for dependents currently residing in the Commonwealth or the final
add/drop date for dependents of members newly transferred to the Commonwealth.
			&#8220;Temporarily mobilized&#8221; means activated for service for 180 days
or more.
			&#8220;Unaccompanied orders&#8221; means orders that assign active duty
military personnel or activated or temporarily mobilized reserve or guard
members an unaccompanied tour listed in Appendix Q of the Joint Federal Travel
Regulations.

B. Notwithstanding &#xA7; 23.1-502 or any other provision of law to the
contrary, all dependents, as defined by 37 U.S.C. &#xA7; 401, of active duty
military personnel or activated or temporarily mobilized reservists or guard
members (i) assigned to a permanent duty station or workplace in the
Commonwealth, the District of Columbia, or a state contiguous to the
Commonwealth who reside in the Commonwealth; (ii) assigned unaccompanied orders
and immediately prior to receiving such unaccompanied orders were assigned to a
permanent duty station or workplace in the Commonwealth, the District of
Columbia, or a state contiguous to the Commonwealth and resided in the
Commonwealth; or (iii) assigned unaccompanied orders with the Commonwealth
listed as the designated place move shall be deemed to be domiciled in the
Commonwealth and are eligible to receive in-state tuition.

C. All such dependents shall be afforded the same educational benefits as any
other individual who is eligible for in-state tuition pursuant to &#xA7;
23.1-502. Such dependents are eligible for such benefits, including in-state
tuition status, for as long as they are continuously enrolled in a public
institution of higher education or private institution of higher education or
have transferred between public institutions of higher education or private
institutions of higher education or from an undergraduate degree program to a
graduate degree program at a public institution of higher education or private
institution of higher education, regardless of any change of duty station or
residence of the military service member. Such continuous enrollment requirement
shall be waived if the dependent verifies that a break of no longer than one
year was required in order to support a spouse or parent on orders for a change
of duty assignment or location.

HISTORY: 1984, c. 422, § 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; 2020, c. 382.