In-State Tuition Eligibility
Student domicile determines eligibility for in-state tuition and state grants. Domicile refers to the state where students legally reside, which may be different from their current address. Answers to domicile questions on the ESCC admission application determine whether students are considered as in-state and are thereby eligible for in-state tuition rates. Most ESCC students are Virginia domiciled.
The State Council of Higher Education for Virginia (SCHEV) provides general, descriptive information about establishing Virginia domicile in order to qualify for in-state tuition and state grants. An overview of the basic requirements for demonstrating and/or establishing Virginia domicile is below. More detailed information is accessible at SCHEV’s website (see http://www.schev.edu/index/tuition-aid/in-state-residency).
Basic Requirements
To establish domicile in Virginia, individuals must demonstrate residence in Virginia and an intent to remain in Virginia indefinitely.
To become eligible for in-state tuition, students shall establish by clear and convincing evidence that for a period of at least one year immediately prior to the first day of class, he or she was domiciled in Virginia and has abandoned any previous domicile, or that the person on whom the student is legally and financially dependent was domiciled in Virginia.
Several factors are used to determine if a person demonstrates intent to remain in Virginia indefinitely. ESCC may ask for information from students or the parents/guardians of students about the following factors:
- Continuous residence in Virginia
- Social and economic ties
- Ownership of real property
- Sources of financial support
- Current employment in Virginia
- Enrollment in Virginia post-graduate program
- Military records
- State in which income taxes are paid
- Voter registration, and actual voting
- Driver’s license
Dependent Students
Students are presumed dependent if they are under the age of 24, unless they meet any of the Independent categories below.
Virginia colleges and universities, to include ESCC, look at the parent’s or guardian’s domicile to determine if dependent students are eligible for in-state tuition or state grants. Dependent students are those who receive substantial financial support from a parent or guardian.
The following documents should be provided in order to demonstrate Virginia domiciliary intent for tuition purposes:
- Parent or Legal Guardian’s State Tax Return
- Virginia Driver’s License or Virginia DMV I.D.
- Virginia Vehicle Registration
Independent Students
Students are considered independent if they:
- Are married
- Are a veteran or active-duty member of the U.S. armed forces
- Have earned a bachelor’s degree and are enrolled in a graduate program
- Are a ward of the court or were a ward of the court until age 18
- Both parents are deceased and there is no adoptive or legal guardian
- Have legal dependents other than a spouse
Students who indicate they are under 24 and self-sufficient on the application for admission are required to provide clear and convincing evidence of financial self-sufficiency. The following documents should be provided in order to demonstrate Virginia domiciliary intent for tuition purposes:
- Federal Taxes
- Virginia State Taxes demonstrating paid Virginia income taxes on at least $14,500 (of earned income)
Married Students
A person’s domicile is not automatically altered by marriage. However, students who receive substantial financial support from their spouse may claim domicile through the spouse. In such cases, ESCC will review the spouse’s domicile to determine if the student is eligible for in-state. The qualifying spouse must meet the Basic Requirements (see above).
Military, Dependents and Spouses
State law provides exceptions for active-duty military personnel, their dependents and veterans when considering domicile status in Virginia.
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) and enrolls in the school within three years of discharge from a period of active duty service of 90 days or more.
- 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 enrolls in the school within three years of the transferor’s discharge from a period of active duty service of 90 days or more.
- 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) and enrolls in the school within three years of the Service member’s death in the line of duty following a period of active duty service of 90 days or more.
- An individual using educational assistance under chapter 31, Vocational Rehabilitation 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 so described must have enrolled in the institution prior to the expiration of the three-year period following discharge or release as described above and must be using educational benefits under either chapter 30, chapter 33, or chapter 31 of title 38, United States Code.
Active duty service members stationed outside of Virginia are charged the military contract rate which includes a capital fee.
Active duty service members who are stationed in Virginia or a contiguous state may apply for a domicile exception to receive instate tuition rates.
For the most updated information, students should visit the SCHEV website at http://www.schev.edu/index/tuition-aid/in-state-residency.
Non-Virginia Residents Living in Virginia
Non-domiciliary students who physically live outside of Virginia but work full time in the Commonwealth may be eligible for in-state tuition. Students must:
- Live outside Virginia (commute from outside Virginia to a worksite in Virginia)
- Have been employed full time in Virginia for at least 1 year immediately prior to the first day of class
- Have paid Virginia income taxes on all taxable income earned in the Commonwealth for the tax year prior to the date of alleged entitlement
Dependent students living outside of Virginia will be eligible under this provision if the nonresident parent claiming him/her as a dependent meets the above criteria. Students may claim eligibility under this section only through dependency on parent(s), not spouse.
Students shall continue to be eligible for in-state tuition under this provision so long as they continue to meet the above criteria. It is incumbent upon the student to provide the institution current information concerning classification under this category.
Students who reside in a state with which Virginia has income tax reciprocity cannot qualify under this section for in-state tuition purposes.
Citizens of Other Countries
Immigration status is a very strong indication that students do not intend to remain in Virginia indefinitely. Students who are not a U.S. citizen will need to present their immigration documentation to the college. Students are not automatically disqualified from establishing domicile in Virginia. However, it is very difficult for undocumented immigrants to do so.
Appeal of Domicile Status
The College’s Application for Admission contains questions relating to domicile. An initial domicile determination is made based on the applicant’s responses to these questions, and ESCC’s Admissions Officer manages this initial determination.
The purpose of the domicile status appeals process is to provide for orderly and timely resolution of all challenges concerning an out-of-state determination. Applicants challenging the initial determination may introduce facts to support their claims for in-state domiciliary status at any point within the appeals process.
The appeals process of Eastern Shore Community College is as follows:
- Students shall submit a written appeal to the Chief Student Affairs Officer (CSAO) within ten (10) calendar days of the initial domicile determination. The CSAO will conduct an intermediate review and inform the student by certified mail about his or her decision within ten (10) calendar days of this appeal.
- Students challenging the CSAO’s decision shall submit a written appeal to the Chief Academic Officer within ten (10) calendar days of receipt of the intermediate review decision. A Domicile Review Panel composed of an odd number of members, appointed by the College’s President, will review the initial and intermediate decisions and decide. The student will be informed of the Panel’s decision by certified mail within fourteen (14) days
- Students not satisfied with the Panel’s decision may appeal to the local circuit court and must do so within thirty (30) days of the College’s decision. As provided by law, the court’s function shall be only to determine whether the decision reached by the institution could reasonably be said, based on the record, not to be arbitrary, capricious or otherwise contrary to law.
Failure to comply with the required deadlines will invalidate an appeal.
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