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1996 SESSION

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SB 372 Eligibility for in-state, reduced, or free tuition.

Introduced by: Warren E. Barry | all patrons    ...    notes | add to my profiles

SUMMARY:

Eligibility for in-state, reduced, or free tuition. Reorganizes the statutes establishing eligibility requirements for in-state, reduced, or free tuition at public institutions of higher education and clarifies several statutory presumptions for purposes of determining domicile. A student under age 24 shall be presumed to receive substantial financial support from his parents and therefore also presumed to be a dependent student unless the student (i) is a veteran or an active duty member of the armed forces; (ii) is a graduate or professional student; (iii) is married; (iv) is a ward of the court or was a ward of the court until age 18; (v) has no adoptive parents or guardian when both parents are deceased; (vi) has no legal dependents other than a spouse; or (vii) is able to present clear and convincing evidence that he is financially self-sufficient. Matriculating students classified as out-of-state must rebut by clear and convincing evidence the presumption that they are not bona fide residents and are in Virginia solely to attend school.

While requirements for establishing domicile remain largely unchanged, separate Code sections authorizing free tuition for certain students--such as children of law-enforcement officers or military personnel killed in the line of duty--have been combined in one new section. Similarly, sections authorizing in-state or reduced tuition charges for students who are nonresidents--such as children or spouses of military personnel--have been also combined in a new section. The existing appeals process for determinations of eligibility for in-state tuition has been set forth in a new section. The reviewing court is to decide whether the institution's determination was arbitrary or capricious; the requirement that the institution's determination be "supported by substantial evidence" has been deleted. Institutions may waive tuition for foreign exchange students under certain circumstances (currently, they may be offered in-state tuition), and a cross-reference to the Senior Citizens' Higher Education Act is also added.

This measure is identical to HB 626.


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