<p>I'm not sure if this would be forever, or just until residency in a new state was established after getting out of the service.</p>
<p>That would be an interesting fight in court. The federal gov’t mandating state schools grant in-state status. I don’t see how this falls under cross state commerce… </p>
<p>with numerous schools offering online degrees to those outside of their state, you have the cross state commerce. </p>
<p>I did out that it would be for three years after getting out of the service. </p>
<p>The state of Florida offers in-state tuition to veterans already, and several schools actively recruit veterans. FSU has been pursuing “Veteran Friendly” status for the last couple of years, and their MBA program has one adcom specifically designated to seek out ex-military applicants.</p>
<p>That was a very poorly written article. It is my understanding that the bill will only apply to “stateless students”, in other words for vets who have been deployed or families who have been permanently assigned overseas and therefore have no state in which they reside. It does not mean that my daughter, whose father is active duty but who has resided in our state for a number of years, could get instate tuition at a public out of state university next year. The yellow ribbon program takes care of quite a bit of tuition leveling for OOS schools anyway.</p>
<p>@eastcoascrazy no. It applies to any exiting service member for the three years after they leave/retire. <a href=“http://www.gpo.gov/fdsys/pkg/CRPT-113hrpt564/pdf/CRPT-113hrpt564.pdf”>http://www.gpo.gov/fdsys/pkg/CRPT-113hrpt564/pdf/CRPT-113hrpt564.pdf</a> Page 76. And the federal gov’t is using the hammer of VA funding for education benefits.</p>
<p>There are no stateless students, there are only students living outside of their home states. You can’t be a US citizen without also being a citizen of a state or territory. Even if you are born overseas, you inherit the state citizenship of your parents - they must continue to file state tax returns, for example - and the only way to end it (while remaining a US citizen) is by establishing citizenship in a different state/territory.</p>
<p>As a general rule, military members maintain the state citizenship they had upon entry, but can pretty much freely and immediately change it to another state they are living in simply by declaring their intent to remain there, even if they only entered the new state for a duty assignment. (Some are known to do this when they are assigned duty in a state that has no personal income tax.) Most states also will immediately confer full citizenship on any military member discharged in their state, if they declare their intent to remain there after discharge.</p>
<p><a href=“http://thevfw.blogspot.com/2014/02/veterans-in-state-tuition-bill-passes.html”>http://thevfw.blogspot.com/2014/02/veterans-in-state-tuition-bill-passes.html</a></p>
<p><a href=“In VA reform bill, Congress provides student vets with in-state tuition”>https://www.insidehighered.com/news/2014/08/01/va-reform-bill-congress-provides-student-vets-state-tuition</a></p>
<p>“The proposal, passed on a 91-3 vote, would require public universities that want to continue receiving GI Bill benefits to offer recent veterans in-state tuition. Veterans’ spouses and dependents would also be eligible for the benefit.”</p>
<p>“Veterans’ groups had pushed for the inclusion of the in-state tuition provision, which they said was needed to protect veterans who are “stateless” for the purposes of in-state tuition. Veterans returning from military service often have difficulty meeting the residency requirements that would qualify them to pay in-state tuition.”</p>
<p>“The new measure approved by Congress would require public universities to provide in-state tuition to veterans and their spouse and children within three years of the veteran’s discharge from active-duty. Universities that don’t offer the benefit would not be allowed to continue to accept Post-9/11 GI Bill benefits.”</p>
<p>Unless I am reading this incorrectly, this applies to a specific group of people who have difficulty meeting state residency requirements, usually due to frequent moves. It would NOT allow my child, who has lived in the same home in xyz state for years (active duty father) to apply for, say, instate North Carolina residency when she applies for college, because for the purposes of college applications, she is not stateless. It would apply to someone who was living overseas and transferred back to the US, or for someone who had a duty station change in the middle of their child’s senior year of high school, or a similar situation. </p>
<p>In other words, my child, who has been living in Maryland for 10 years, can not just arbitrarily chose to apply to UNC-Chapel Hill as an instate student just because her father is an active duty military member, can she? </p>
<p>Are you saying that a student (child of active duty military person) who meets the terms of instate residency in Maryland can ask for instate residency (for tuition purposes) in any state in the country?</p>
<p>^ If the service member decides to move to that other state after discharge/retirement then yes.</p>
<p>^^ Most states will waive minimum time of residency requirements for military members stationed or discharged in the state. </p>
<p>Most states will allow IS residency status both for children actually living in the state, and for whatever states the parents would qualify, even if the child and parent are living apart. </p>
<p>Some states will even allow you IS resident status simply for working in the state, which includes military members stationed there, without having to change your official residency to that state.</p>
<p>It is not at all unusual for someone to qualify as IS in multiple states. You should verify for yourself what the UNC rule is, but I shall quote their website:
“The Military Benefit
Under a special provision of North Carolina and federal law requires that non-resident active duty military personnel and their eligible family members be charged in-state tuition. If you are a member of the armed services who is on active duty, or the spouse, dependent child or dependent relative of a member of the armed services who is on active duty, you may qualify for the in-state tuition rate. Active duty members of the armed services include those serving in the United States Air Force, Army, Coast Guard, Marine Corps, and Navy; the N.C. National Guard; and any Reserve Units of these military units. Military reservists (other than those of the N.C. National Guard) must be on active duty to qualify for the in-state tuition benefit. If you believe this provision applies to you, please complete the Residence Status Supplemental Form for Members of the Armed Services and Their Dependent Relatives. If additional information is needed, your admissions office may contact you.”</p>
<p>For comparison, here is what my state (Virginia) says:</p>
<p>"How can a military member establish domicile?
To establish domicile in Virginia, active duty military members must provide clear and convincing evidence to the institution that they intend to remain in Virginia. This would include, but is not necessarily limited to, having a physical presence in the state and changing military records to reflect Virginia as your state of Legal Residence (DD-2058). Note that changing the member’s Home of Record is not required. Once domicile has been established, the member’s dependent spouse and children can be reviewed for financial benefits reserved for state residents, including in-state tuition and state financial aid.</p>
<p>How soon can a military member become eligible?
Eligibility for the in-state tuition rate normally requires that the student must wait one year after establishing domicile; however, if active duty personnel establish domicile in Virginia, they and their dependents are not subject to the one-year waiting period. Instead, they can obtain resident benefits, such as in-state tuition and consideration for state financial aid, as of the next academic term after domicile has been confirmed by the institution. Persons qualifying under this provision still must successfully complete the domicile review process.</p>
<p>What if a military member is reassigned out of Virginia?
Once domicile is established, it is not necessarily affected by a temporary absence from the state. This means that military members may exercise their prerogative to retain their domicile in Virginia regardless of where they might be reassigned by the military as their next permanent or temporary work station. Once Virginia domicile is established, military personnel, and their dependent family members, would only lose Virginia domicile status if they voluntarily change their domicile to another state.</p>
<p>How soon can a military member become eligible?
Eligibility for the in-state tuition rate normally requires that the student must wait one year after establishing domicile; however, if active duty personnel establish domicile in Virginia, they are not subject to the one-year waiting period. Instead, they can obtain resident benefits, such as in-state tuition and consideration for state financial aid, as of the next academic term after the date of domicile, as confirmed by the institution. Persons qualifying under this provision still must successfully complete the domicile review process. </p>
<p>Are there any special military-related domicile provisions?
Yes, if an enrolled Virginia-domiciled student subsequently enters the military through another state’s National Guard, they do not necessarily lose their in-state tuition eligibility. Once they separate from the military and are readmitted into their college, these military veterans may continue to receive in-state tuition even while in the process of reestablishing domicile."</p>
<p>(Source: State Council of Higher Education for Virginia)</p>
<p>For comparison, Berkeley seems to extend the exemption to dependents of military members who were stationed in California, even if they have since been reassigned elsewhere:</p>
<p>"For Spouses, Registered Domestic Partners, or Dependent Children of Military Personnel
If you are a student who is a dependent natural or adopted child, stepchild, spouse or registered domestic partner of a member of the armed forces of the United Sates who is stationed in CA on active duty, you may be entitled to a resident classification. If, while you are in attendance at UC, the member of the armed forces is (a) transferred outside California where s/he continues to serve on active duty, you will not lose your exemption while continuously enrolled or (b) is retired from active duty, you will not lose your exemption until you have resided in the state the minimum time necessary to become a resident (366 days). Financial independence will not be a requirement and the waiver is available to all children who are dependents for federal income tax purposes; it is not limited to minors.</p>
<p>Requirements:</p>
<p>The student must be the dependent of a member of the armed forces who:</p>
<p>is stationed in California on active duty on the residence determination date, or
after serving in California on active duty has been transferred outside California where he continues to serve, or
has retired from active duty immediately after serving in California.
The student must provide the following:</p>
<p>A statement from the military member’s commanding officer or personnel officer indicating the specific date(s) of the member’s assignment to California:
Child: must provide documentation that indicates dependent status (e.g. tax forms, military records, etc.).
Spouse or Registered Domestic Partner: must also provide documentation verifying marital/partner and dependent status (e.g. marriage certificate, tax forms, military records, etc.). Domestic Partners must provide documentation of registered partner status, as well as dependent status."</p>
<p>Also: you are reading it incorrectly. The motivation of the veterans’ groups that were pushing for the bill does NOT in any way limit the scope of the legislation as passed. </p>
<p>If the bill is described accurately and is signed into law, then when it goes into effect your child will be eligible for IS tuition rates (not necessarily counting as an IS student herself, but paying the same tuition as IS students do), by virtue of her father’s military service, at ANY public college/university in the US, if he is still on active duty or within three years of being discharged.</p>
<p>The distinction between actually being IS and simply paying the same tuition as IS students is important because if you are OOS when applying, gaining admission is typically much more difficult, even if you would eventually pay the same tuition after matriculating.</p>
<p>I was incorrect, and so were several other commenters on this thread. </p>
<p><a href=“GI Bill Benefits and In-State Tuition When Separating From Service | Military.com”>http://paycheck-chronicles.military.com/2014/08/02/gi-bill-benefits-and-in-state-tuition/</a> </p>
<p>“This law was written to protect transitioning military families who may not yet be able to meet the current residency requirements in some states. In order to qualify for this benefit, students will have to begin their education within three years of the veteran’s discharge from active duty, and will remain eligible as long as they maintain continuous enrollment with the school. This applies to the veteran, and his or her spouse or children receiving transferred post 9/11 GI Bill benefits. This legislation does not change the rules regarding providing in-state residency to active duty families”.</p>
<p>Read more: <a href=“GI Bill Benefits and In-State Tuition When Separating From Service | Military.com”>GI Bill Benefits and In-State Tuition When Separating From Service | Military.com;
The Paycheck Chronicles </p>
<p>This new benefit only affects VETERANS and their families within three years of discharge or retirement. It does NOT apply to active duty members or their families. The rules for active duty are different, and are not changing.</p>
<p>It will not affect my daughter, whose father is still on active duty… The rules for instate tuition for her will be the same as they were for my two sons.</p>
<p>We will have used three of the four years of yellow ribbon benefits for my son, who is a Maryland resident, but has attended UNC Chapel Hill for three years. In essence, that benefit has given him in-state tuition for UNC. (His first year we used a 529 account).</p>
<p>While active duty, a military member and dependents are eligible for in-state tuition in the state in which they are stationed or in which they reside, as per the Higher Education Act of 2008 that took effect in 2009. </p>
<p>Also, they are eligible in their state of residence, which may or may not be the same as home of record. So they may be in-state for up to three states. </p>
<p>Those living overseas are eligible for in-state in their state of residence (determined by the state on the LES to which taxes are paid, if there are state taxes).</p>
<p>After ore research, I read this as applying to those retiring or transitioning out of the service. For example, we were living in one state when DH retired, he was a resident of another and we moved to a third. With this new law, we could have become immediately eligible for in-state tuition in the new state, without having to wait a year. Since he was no longer active duty after retirement, the provisions of the Higher Education Act no longer applied, so we’d have been “stateless” for in-state tuition . </p>