                                 CODE OF VIRGINIA

ELIGIBILITY FOR IN-STATE TUITION; EXCEPTION; CERTAIN OUT-OF-STATE AND HIGH
SCHOOL STUDENTS (§ 23.1-506)

A. Notwithstanding § 23.1-502 or any other provision of law to the contrary,
the following students are eligible for in-state tuition charges regardless of
domicile:

   1. Any non-Virginia student who resides outside the Commonwealth and has been
   employed full time in the Commonwealth for at least one year immediately prior
   to the date of the alleged entitlement if such student has paid Virginia
   income taxes on all taxable income earned in the Commonwealth for the tax year
   prior to the date of the alleged entitlement. Such student shall continue to
   be eligible for in-state tuition charges for so long as the student is
   employed full time in the Commonwealth and the student pays Virginia income
   taxes on all taxable income earned in the Commonwealth.

   2. Any non-Virginia student who resides outside the Commonwealth and is
   claimed as a dependent for federal and Virginia income tax purposes if the
   nonresident parent claiming the student as a dependent has been employed full
   time in the Commonwealth for at least one year immediately prior to the date
   of the alleged entitlement and paid Virginia income taxes on all taxable
   income earned in the Commonwealth for the tax year prior to the date of the
   alleged entitlement. Such student shall continue to be eligible for in-state
   tuition charges for so long as his qualifying parent is employed full time in
   the Commonwealth, pays Virginia income taxes on all taxable income earned in
   the Commonwealth, and claims the student as a dependent for Virginia and
   federal income tax purposes.

   3. Any active duty member, activated guard or reserve member, or guard or
   reserve member mobilized or on temporary active orders for 180 days or more
   who resides in the Commonwealth.

   4. Any veteran who resides in the Commonwealth.

   5. Any surviving spouse who resides in the Commonwealth.

   6. Following completion of active duty service, any non-Virginia student who
   established domicile before being called to active duty in the National Guard
   of another state if during such active duty he maintained at least one of the
   following in the Commonwealth: a driver&#8217;s license, motor vehicle
   registration, voter registration, employment, property ownership, or sources
   of financial support.

   7. Any member of the foreign service office who resided in the Commonwealth
   for at least 90 days immediately prior to receiving a foreign service
   assignment and who continues to be assigned overseas, and any dependents of
   such member.

   8. Any child of an active duty member or veteran who claims Virginia as his
   home state and filed Virginia tax returns for at least 10 years during active
   duty service.

   9. Any individual who (i) was admitted to the United States as a refugee under
   8 U.S.C. &#xA7; 1157 within the previous two calendar years or (ii) received a
   Special Immigrant Visa that has been granted a status under P.L. 110-181
   &#xA7; 1244, P.L. 109-163 &#xA7; 1059, or P.L. 111-8 &#xA7; 602 within the
   previous two calendar years and, upon entering the United States, resided in
   the Commonwealth and continues to reside in the Commonwealth as a refugee or
   pursuant to such Special Immigrant Visa.

   10. Any non-Virginia student who is currently present in the Commonwealth as a
   result of being a victim of human trafficking. For the purposes of this
   subdivision, a person may be a victim of human trafficking regardless of
   whether any person has been charged with or convicted of any offense.
   Eligibility under this subdivision may be proved by a certification of such
   status as a victim of human trafficking by a federal, state, or local agency
   or not-for-profit agency, one of whose primary missions is to provide services
   to victims of human trafficking. For the purposes of this subdivision,
   &#8220;victim of human trafficking&#8221; means a victim of (i) a violation of
   clause (iii), (iv), or (v) of &#xA7; 18.2-48; (ii) a felony violation of
   &#xA7; 18.2-346; (iii) a violation of &#xA7; 18.2-348, 18.2-349, 18.2-355
   through 18.2-357.1, or 18.2-368; or (iv) sex trafficking or severe forms of
   trafficking in persons as defined in the Trafficking Victims Protection Act of
   2000, 22 U.S.C. &#xA7; 7101 et seq. Public institutions of higher education
   shall automatically record any student qualifying for in-state tuition
   pursuant to this subdivision as opting out of making any directory or
   educational information available to the public unless the student voluntarily
   and affirmatively chooses to opt in to allowing such directory or educational
   information to be made available.
   				Any non-Virginia student granted in-state tuition pursuant to this
   subsection shall be counted as a Virginia student for the purposes of
   determining college admissions, enrollment, and tuition and fee revenue
   policies.

B. Notwithstanding the provisions of § 23.1-502 or any other provision of law
to the contrary, the governing board of any public institution of higher
education may charge in-state tuition to the following students regardless of
domicile:

   1. Any non-Virginia student enrolled in one of the institution&#8217;s
   programs designated by the Council who (i) is entitled to reduced tuition
   charges at the institutions of higher education in any other state that is a
   party to the Southern Regional Education Compact and that has similar
   reciprocal provisions for Virginia students and (ii) is domiciled in such
   other state;

   2. Any non-Virginia student from a foreign country who is enrolled in a
   foreign exchange program approved by the institution of higher education
   during the same period in which a Virginia student from such institution is
   attending such foreign institution as an exchange student; and

   3. Any high school or magnet school student, not otherwise qualified for
   in-state tuition, who is enrolled in courses specifically designed as part of
   the high school or magnet school curriculum in a comprehensive community
   college for which he may, upon successful completion, receive high school and
   college credit pursuant to a dual enrollment agreement between the high school
   or magnet school and the comprehensive community college.
   				Any non-Virginia student granted in-state tuition pursuant to this
   subsection shall be counted as a non-Virginia student for the purposes of
   determining college admissions, enrollment, and tuition and fee revenue
   policies.

C. The State Board shall charge in-state tuition to any non-Virginia student
enrolled at a comprehensive community college who resides in another state
within a 30-mile radius of a public institution of higher education in the
Commonwealth, is domiciled in such other state, and is entitled to in-state
tuition charges at the institutions of higher education in any state that is
contiguous to the Commonwealth and that has similar reciprocal provisions for
Virginia students.
			Any non-Virginia student granted in-state tuition pursuant to this subsection
shall be counted as a Virginia student for the purposes of determining college
admissions, enrollment, and tuition and fee revenue policies.

HISTORY: 1996, cc. 931, 981, § 23-7.4:2; 1998, cc. 62, 79; 1999, cc. 424, 437;
2000, c. 196; 2001, c. 483; 2004, cc. 501, 520; 2006, cc. 783, 797; 2007, cc.
76, 102, 112; 2008, c. 723; 2009, c. 470; 2011, c. 376; 2013, cc. 166, 243, 302;
2014, cc. 341, 762; 2016, c. 588; 2019, c. 329; 2020, cc. 642, 680, 766, 767;
2021, Sp. Sess. I, cc. 107, 108; 2022, c. 795.