Military/Dependants: Higher Edu Opportunity Act 2008

Discuss various money matters here. Loans (federal and private), scholarships, lottery winnings, or other school finance related information and queries.
afa_brandon
Posts: 83
Joined: Fri Apr 16, 2010 9:45 pm

Military/Dependants: Higher Edu Opportunity Act 2008

Postby afa_brandon » Mon Apr 19, 2010 12:45 pm

I learned recently that this act ensures all Active Duty and dependents are entitled to in-state rates in the state the member. This should be of interest to at least a few TLSrs. No definition of "domicile" in the act, imho, means just being there should earn you in-state.

Strangely, U of Alabama says they'll give in-state provided you're not in the state just for education. I wonder if this is in accordance with this act?

Feel free to add thoughts or tell me I'm way wrong :)

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_public_laws&docid=f:publ315.110

SEC. 114. IN-STATE TUITION RATES FOR ARMED FORCES MEMBERS,
SPOUSES, AND DEPENDENT CHILDREN.

Part C of title I (20 U.S.C. 1015) is further amended by adding
after section 134 (as added by section 113 of this Act) the following:
``SEC. 135. <<NOTE: 20 USC 1015d.>> IN-STATE TUITION RATES FOR
MEMBERS OF THE ARMED FORCES ON ACTIVE
DUTY, SPOUSES, AND DEPENDENT CHILDREN.

``(a) Requirement.--In the case of a member of the armed forces who
is on active duty for a period of more than 30 days and whose domicile
or permanent duty station is in a State that receives assistance under
this Act, such State shall not charge such member (or the spouse or
dependent child of such member) tuition for attendance at a public
institution of higher education in the State at a rate that is greater
than the rate charged for residents of the State.
``(b) Continuation.--If a member of the armed forces (or the spouse
or dependent child of a member) pays tuition at a public institution of
higher education in a State at a rate determined by subsection (a), the
provisions of subsection (a) shall continue to apply to such member,
spouse, or dependent while continuously enrolled at that institution,
notwithstanding a subsequent change in the permanent duty station of the
member to a location outside the State.
``(c) Effective Date.--This section shall take effect at each public
institution of higher education in a State that receives assistance
under this Act for the first period of enrollment at such institution
that begins after July 1, 2009.
``(d) Definitions.--In this section, the terms `armed forces' and
`active duty for a period of more than 30 days' have the meanings given
those terms in section 101 of title 10, United States Code.''.

User avatar
MURPH
Posts: 854
Joined: Wed Dec 10, 2008 12:20 am

Re: Military/Dependants: Higher Edu Opportunity Act 2008

Postby MURPH » Tue Apr 20, 2010 3:30 am

It looks like you made a correct reading of that law. Alabama should not be charging active duty people as out of state since they are not there for education only. They are there for military duty.




Return to “Financial Aid”

Who is online

Users browsing this forum: No registered users and 1 guest