Policy Number: I-30
Last Reviewed: December 14, 2023
Responsible Dept.: Coordinator of Enrollment Services
A signed copy of this policy is available in the President’s Office.
The Virginia Community College System is guided by the Code of Virginia and the regulations of the State Council for Higher Education on determining domicile.
For the purposes of in-state tuition, a Virginia resident is defined by state law as one who has lived in Virginia, with intent to remain a Virginian, for a period of at least one year prior to the first official day of class for the semester in which he or she is enrolling. The burden of proving eligibility for in-state tuition rests with the applicant. All applicants to Virginia Western who claim entitlement to Virginia in-state tuition rates must complete the domiciliary items included with the application for admission as well as whatever additional documentation may be deemed necessary.
Initial determination of eligibility for in-state tuition rates is made by a member of the Student Services staff. Applicants may appeal this initial determination to Coordinator of Enrollment Services in writing within 30 days of the decision. This appeal must include copies of the applicant’s driver’s license, motor vehicle registration, income tax returns for the previous tax year, and any other relevant documents that may support the claim of eligibility for in-state tuition rates. This intermediate review will be completed within 30 days of the receipt of the written appeal and supporting documentation.
Applicants may appeal the intermediate review by the Coordinator of Enrollment Services. This appeal must be submitted in writing to the Domicile Appeals Committee within 30 days of receiving the results of the intermediate review. The decision of the Domicile Appeals Committee represents the final administrative review.
Students classified as out-of-state who can provide clear and convincing evidence through this appeals process that they were eligible for Virginia domicile on the first day of classes for a semester may have their status changed for the current term.
In the event that a student’s circumstances change after a semester has begun, the student’s tuition status may be eligible for reclassification; this reclassification shall be effective for the next academic semester following the submission date of a new Application for In-State Tuition (PDF). It is the responsibility of the student to submit a new Application for In-State Tuition (PDF) to the Virginia Western Enrollment Center Office. Virginia Western will not initiate this process on behalf of the student.
Special considerations for veterans, active duty military, and their dependents:
Federal and state law provides for exceptions to domicile and in-state tuition regulations for veterans, active duty military, and their dependents. Virginia Western Community College adheres to federal and state law when reviewing domicile and in-state tuition eligibility for veterans, active duty military, and their dependents. The Domicile Officer may request proper documentation such as military orders, leave and earning statements, verification of VA benefit usage, proof of Virginia residence, etc. to confirm eligibility for a domicile or tuition exception. Refer to the VCCS Policy Manual (4.3.0.4, 4.3.0.6, 4.3.0.7) and the State Council of Higher Education for the most current policy and regulatory guidance.
Veterans Choice Act:
- The following individuals shall be charged the in-state rate, or otherwise considered a resident, for tuition purposes:
- A Veteran using educational assistance under either Chapter 30 (Montgomery G.I. Bill®-Active Duty Program) or Chapter 33 (Post-9/11 G.I. Bill®), of title 38, United States Code, who lives in the Commonwealth of Virginia while attending a school located in the Commonwealth of Virginia (regardless of his/her formal State of residence).
- Anyone using transferred Post-9/11 GI Bill® benefits (38 U.S.C. § 3319), who lives in the Commonwealth of Virginia while attending a school located in the Commonwealth of Virginia (regardless of his/her formal State of residence.
- A spouse or child using educational assistance under Chapter 35 (Survivors’ and Dependents’ Educational Assistance), of title 38, United States Code, who lives in the Commonwealth of Virginia while attending a school located in the Commonwealth of Virginia (regardless of his/her formal State of residence), effective for courses, semesters, or terms beginning after August 1, 2022.
- Anyone using transferred Post-9/11 GI Bill® benefits (38 U.S. C. § 3319) who lives in the Commonwealth of Virginia while attending a school located in the Commonwealth of Virginia (regardless of his/her formal State of residence) and the transferor is a member of the uniformed service who is serving on active duty.
- A spouse or child using benefits under the Marine Gunnery Sergeant John David Fry Scholarship (38 U.S.C. § 3311(b)(9)) who lives in the Commonwealth of Virginia while attending a school located in the Commonwealth of Virginia (regardless of his/her formal State of residence).
- An individual using educational assistance under Chapter 31, Veteran Readiness and Employment (VR&E) who lives in the Commonwealth of Virginia while attending a school located in the Commonwealth of Virginia (regardless of his/her formal State of residence) effective for courses, semesters, or terms beginning after March 1, 2019.
- Anyone described above while he or she remains continuously enrolled (other than during regularly scheduled breaks between courses, semesters, or terms) at the same institution. The person also must be using educational benefits under Chapter 30, Chapter 33, Chapter 31, or Chapter 35 of title 38, United States Code.
GI Bill® is a registered trademark of the U.S Department of Veterans Affairs (VA). More information about education benefits offered by VA is available at the official U.S. government Webs site at http://benefits.va.gov/gibill.
Reviewed/Revised: 1/2014, 9/2014, 6/2015, 3/2017, 12/2020, 4/2022, 12/2023 (minor edits)
