In-State Tuition
Dependent children of service members on active duty for a period of more than 30 days are eligible to receive in-state tuition at public colleges and universities in the state where they reside or are permanently stationed. Once a dependent child is enrolled and paying in-state tuition, they will continue to pay the in-state tuition rate as long as they remain continuously enrolled at the institution, even if the service member is reassigned outside the state.
This change in federal law is a tremendous help to military families, who often face paying out-of-state tuition for their children to attend college. The new requirement benefiting military children was included in the Higher Education Opportunity Act (H.R. 4137), under section 135, and was signed into law on August 14, 2008. This new law extends the Higher Education Act of 1965 (HEA), and applies to all public institutions that receive funds under the HEA program.
The Department of Education has worked with the institutions of higher education and is confident they are aware of the changes in the law and are fully implementing the policy. However, if military children have any difficulties establishing in-state tuition status, they should contact the office of financial aid in the Department of Veterans Affairs, or the registrar at their institution. If these steps do not resolve the situation, military children should get in touch with the Department of Education’s Ombudsman’s office (toll-free at 877.557.2575) or fill out an online Ombudsman Assistance Request Form at: www.ombudsman.ed.gov/OmbudsmanWebApp/do?action=getRequest.
It is important for families to understand that the Higher Education Opportunity Act does not require universities or colleges to offer in-state tuition rates for active duty, retired, or surviving families outside of their state. When an active duty family retires, they are eligible like any other citizen for in-state tuition in the state where they reside. There are other education benefits provided to surviving spouses and children. To learn more about these programs visit the Benefits section of our website under Survivors/VA Benefits/ Education Assistance (link here).
(Source: Department of Defense State Liaison Office)
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